Labeling of Unmanned Aircraft

[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Proposed Rules]
[Pages 72438-72524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28100]

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Vol. 84

Tuesday,

No. 250

December 31, 2019

Part II

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 1, 47, 48, et al.

Remote Identification of Unmanned Aircraft Systems; Proposed Rule

Federal Register / Vol. 84 , No. 250 / Tuesday, December 31, 2019 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 47, 48, 89, 91, and 107

[Docket No.: FAA-2019-1100; Notice No. 20-01]
RIN 2120-AL31

Remote Identification of Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action would require the remote identification of
unmanned aircraft systems. The remote identification of unmanned
aircraft systems in the airspace of the United States would address
safety, national security, and law enforcement concerns regarding the
further integration of these aircraft into the airspace of the United
States while also enabling greater operational capabilities.

DATES: Send comments on or before March 2, 2020.

ADDRESSES: Send comments identified by docket number FAA-2019-1100
using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and
Procedures Division, Federal Aviation Administration, 470 L'Enfant
Plaza SW, Suite 4102, Washington, DC 20024; telephone 1-844-FLY-MY-UA;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
A. Introduction and Overview
B. Purpose of the Regulatory Action
C. Summary of the Proposed Rule
D. Summary of Costs and Benefits
E. Structure of This Proposed Rule
II. Authority for This Rulemaking
III. Integration of UAS Into the Airspace of the United States
IV. Need for Remote Identification of UAS Operating in the Airspace
of the United States
A. Maintaining the Safety and Efficiency of the Airspace of the
United States
B. Unmanned Aircraft Systems Traffic Management (UTM)
C. Facilitating Beyond Visual Line of Sight Operations
D. National Security and Law Enforcement Efforts
V. Related International Activities
VI. Aviation Rulemaking Committee
A. ARC Recommendations Final Report
B. FAA Response to ARC Report
VII. Terms Used in this Proposed Rule
VIII. Applicability of Remote Identification Requirements
IX. Changes to Registration Requirements
A. Registration Under Part 47
B. Registration Under Part 48
C. Issues With the Current Registration Requirements and
Proposed Changes
D. Proposed Changes to the Registration Requirements To Require
a Serial Number and Telephone Number as Part of the Registration
Process
E. Request for Comments Regarding Serial Number Requirements
F. Serial Number Marking
X. Operating Requirements for Remote Identification
A. Requirement To Broadcast or Transmit
B. Prohibition from Using ADS-B To Satisfy Remote Identification
Requirements
C. Internet Availability and Transmission to a Remote ID USS
D. In-flight Loss of Connectivity with a Remote ID USS or Loss
of Functionality
E. Valid Declaration of Compliance
F. Foreign Registered Civil Unmanned Aircraft Operated in the
United States
G. Example Operating Scenarios
XI. Law Enforcement Access to Remote Identification and Registration
Information
XII. Means of Compliance
A. Introduction
B. Applicability
C. Remote Identification Message Elements
D. Minimum Performance Requirements
E. Other Performance Requirements Considered
F. Submission and FAA Acceptance of Means of Compliance
G. Rescission of a Means of Compliance
H. Record Retention Requirements
XIII. Design and Production Requirements
A. Applicability and Summary of Requirements
B. Requirement To Issue Serial Numbers
C. Requirement To Label UAS
D. Requirement for a UAS To Be Designed and Produced Using an
FAA-Accepted Means of Compliance
E. Requirement To Submit a Declaration of Compliance
F. Accountability
XIV. Remote Identification UAS Service Suppliers
A. UAS Service Suppliers (USS)
B. Remote ID USS
C. Data Privacy and Information Security
XV. FAA-Recognized Identification Areas
A. Eligibility
B. Process to Request an FAA-Recognized Identification Area
C. Amendment
D. Duration of an FAA-Recognized Identification Area
E. Expiration and Termination
F. Petition To Reconsider the FAA's Decision To Terminate and
FAA-Recognized Identification Area
XVI. Use of ADS-B Out and Transponders
XVII. Proposed Effective and Compliance Dates
XVIII. Proposed Guidance Documents
XIX. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility and Cooperation
G. Environmental Analysis
XX. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations that Significantly Affect
Energy Supply, Distribution, or Use
C. Executive Order 13609, Promoting International Regulatory
Cooperation
XXI. Tribal Considerations
XXII. Privacy
XXIII. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Availability of Rulemaking Documents
D. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations Frequently Used in This Document

AC--Advisory Circular
ADS-B--Automatic Dependent Surveillance-Broadcast
ARC--Aviation Rulemaking Committee
ATC--Air traffic control
BVLOS--Beyond visual line of sight
DOT--U.S. Department of Transportation
FAA--Federal Aviation Administration
GPS--Global Positioning System
ICAO--International Civil Aviation Organization
IFR--Instrument flight rules
MOA--Memorandum of Agreement
OMB--Office of Management and Budget
UAS--Unmanned aircraft system
USS--UAS service supplier

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UTM--Unmanned aircraft systems traffic management

I. Executive Summary

A. Introduction and Overview

This proposed rule would establish requirements for the remote
identification of unmanned aircraft systems (UAS) \1\ operated in the
airspace of the United States. Remote identification (or Remote ID) is
the ability of an unmanned aircraft in flight to provide certain
identification and location information that people on the ground and
other airspace users can receive. This is an important building block
in the unmanned traffic management ecosystem. For example, the ability
to identify and locate UAS operating in the airspace of the United
States provides additional situational awareness to manned and unmanned
aircraft. This will become even more important as the number of UAS
operations in all classes of airspace increases. In addition, the
ability to identify and locate UAS provides critical information to law
enforcement and other officials charged with ensuring public safety.
While remote identification alone will not enable routine expanded
operations such as operations over people or beyond visual line of
sight, it is a critical element for building unmanned traffic
management capabilities. The FAA envisions that the remote
identification network will form the foundation for the development of
other technologies that can enable expanded operations.
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\1\ The FAA does not use the terms unmanned aircraft system and
unmanned aircraft interchangeably. The FAA uses the term unmanned
aircraft as defined in 14 CFR 1.1 to refer specifically to the
unmanned aircraft itself. The FAA uses the term unmanned aircraft
system to refer to both the unmanned aircraft and any communication
links and components that control the unmanned aircraft. As
explained in section VII of this proposed rule, the FAA is proposing
to add the definition of unmanned aircraft system to part 1 of 14
CFR.
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Full implementation of remote identification relies on three
interdependent parts that are being developed concurrently. The first
is this proposed rule, which establishes operating requirements for UAS
operators and performance-based design and production standards for
producers of UAS. The second is a network of Remote ID UAS Service
Suppliers (Remote ID USS) that would collect the identification and
location in real-time from in-flight UAS. The Remote ID USS would
perform this service under contract with the FAA, based on the same
model the FAA currently uses for the Low Altitude Authorization and
Notification Capability (LAANC).\2\ The third part of the remote
identification ecosystem is the collection of technical requirements
that standards-setting organizations will develop to meet the
performance-based design and production requirements in this proposed
rule.
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\2\ For more information on LAANC, consult https://www.faa.gov/uas/programs_partnerships/data_exchange/. On December 20, 2018, the
FAA issued a request for information (RFI) seeking data exchange
strategies and demonstrations for potential Remote ID USS. For more
information on the RFI, consult https://faaco.faa.gov/index.cfm/announcement/view/32514.
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All UAS operating in the airspace of the United States, with very
few exceptions, would be subject to the requirements of this rule. All
UAS operators would be required to comply regardless of whether they
conduct recreational or commercial operations, except those flying UAS
that are not otherwise required to be registered under the FAA's
existing rules. All UAS produced for operation in the airspace of the
United States would have to comply with the design and production
requirements established in this proposal with exceptions for amateur-
built UAS, UAS of the United States government, and unmanned aircraft
that weigh less than 0.55 pounds.
This proposal establishes design and production requirements for
two categories of remote identification: Standard remote identification
UAS and limited remote identification UAS. Standard remote
identification UAS would be required to broadcast identification and
location information directly from the unmanned aircraft and
simultaneously transmit that same information to a Remote ID USS
through an internet connection. Limited remote identification UAS would
be required to transmit information through the internet only, with no
broadcast requirements; however, the unmanned aircraft would be
designed to operate no more than 400 feet from the control station.
Under this proposal, the vast majority of UAS would be required to
comply with one of these two categories of remote identification. For
those limited exceptions, which include certain amateur-built UAS and
UAS manufactured prior to the compliance date, operators flying UAS
without remote identification capabilities would be permitted to fly
only at certain specific geographic areas established under this rule
specifically to accommodate them.
This proposal envisions that within three years of the effective
date of this rule, all UAS operating in the airspace of the United
States will be compliant with the remote identification requirements.
No UAS could be produced for operation in the United States after two
years and no UAS could be operated after three years except in
accordance with the requirements of this proposal. Details on the
requirements and their applicability are in the sections that follow.

B. Purpose of the Regulatory Action

The FAA is integrating unmanned aircraft systems (UAS) operations
into the airspace of the United States through a phased, incremental,
and risk-based approach.\3\
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\3\ Consult https://www.faa.gov/uas for additional information
regarding UAS operations.
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On June 28, 2016, the FAA achieved a major step towards UAS
integration when it published the final rule for Operation and
Certification of Small Unmanned Aircraft Systems.\4\ This was one of
multiple UAS-related regulatory actions taken by the FAA to enable the
safe integration of UAS into the airspace of the United States. As
technology progresses and the utility of UAS increases, the FAA
anticipates a need for further rulemaking to continue to foster the
safe, secure, and efficient use of the airspace of the United States.
The FAA believes that the next step in the regulatory process is to
develop regulatory requirements that enable the remote identification
of UAS operating in the airspace of the United States.
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\4\ 81 FR 42064.
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The remote identification of UAS is necessary to ensure public
safety and the safety and efficiency of the airspace of the United
States. The remote identification framework would provide UAS-specific
data, which could be used in tandem with new technologies and
infrastructure to facilitate future, more advanced operational
capabilities (such as detect-and-avoid and aircraft-to-aircraft
communications that support beyond visual line of sight operations) and
to develop the necessary elements for comprehensive UAS traffic
management (UTM). Furthermore, remote identification of UAS would
provide airspace awareness to the FAA, national security agencies, and
law enforcement entities. This information could be used to distinguish
compliant airspace users from those potentially posing a safety or
security risk.
Current rules for registration and marking of unmanned aircraft
facilitate the identification of the owners of unmanned aircraft, but
normally only upon physical examination of the aircraft. Existing
electronic surveillance technologies like transponders and Automatic
Dependent Surveillance-

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Broadcast (ADS-B), in addition to radio communications with air traffic
control (ATC), were all considered as potential solutions for the
remote identification of UAS but were determined to be unsuitable due
to the lack of infrastructure for these technologies at lower altitudes
and the potential saturation of available radio frequency spectrum. The
FAA proposes to address the identification issues associated with UAS
by requiring the use of new services and technology to enable the
remote identification of UAS.
The proposed remote identification requirements are consistent with
the FAA's safety mission of overseeing and promoting safety in air
commerce and national security as well as promoting the safe and
efficient use of the navigable airspace. The newly-available
information would serve the public interest of enhancing safety,
efficiency, and security in air commerce by creating situational
awareness of all UAS flying in the airspace of the United States, which
would allow additional and more complex UAS operations to take place.
Remote identification would also strengthen the FAA's oversight of UAS
operations and support efforts of law enforcement and national security
agencies to address and mitigate disruptive behavior and hazards, which
may threaten the safety and security of the airspace of the United
States, other UAS, manned aviation, and persons and property on the
ground. Remote identification information provided in near real-time
would also assist Federal security partners in threat discrimination--
allowing them to identify an operator and make an informed decision
regarding the need to take actions to mitigate a perceived security or
safety risk. The proposed rule would enhance the FAA's ability to
monitor compliance with applicable regulations; would contribute to the
FAA's ability to undertake compliance, enforcement, and educational
actions required to mitigate safety risks; and would advance the safe
integration of UAS into the airspace of the United States.

C. Summary of the Proposed Rule

This proposed rule provides a framework for remote identification
of all UAS operating in the airspace of the United States. The rule
would facilitate the collection and storage of certain data such as
identity, location, and altitude regarding an unmanned aircraft and its
control station.
The FAA is proposing to tie the remote identification requirements
to the registration of unmanned aircraft because the FAA and law
enforcement agencies have a need to correlate remote identification and
registration data. The proposed rule would therefore impose operating
requirements on persons operating unmanned aircraft registered or
required to be registered under title 14, Code of Federal Regulations
(CFR), part 47 or part 48, and on persons operating foreign civil
unmanned aircraft in the United States. The proposed rule would also
impose requirements on persons applying for and using FAA-recognized
identification areas (areas specifically recognized by the FAA where
UAS without remote identification equipment could operate) and
requirements for persons developing means of compliance (e.g.,
standards) that describe how a UAS would be designed and produced to
meet the performance requirements proposed in this rule. Finally, the
proposed rule would require persons designing and producing UAS with
remote identification for operations in the United States to produce
them using an FAA-accepted means of compliance.
UAS owners, UAS operators (including pilots, remote pilots,
recreational flyers, and other persons manipulating the flight controls
of UAS), UAS designers and producers, developers of remote
identification means of compliance, and Remote Identification UAS
Service Suppliers (Remote ID USS) would have important roles in the
remote identification of UAS. The subsections that follow describe the
roles and responsibilities of each of these groups within the scope of
the proposed rule.
1. UAS Owners
The FAA proposes to revise the registration requirements to require
all owners of unmanned aircraft to register each unmanned aircraft
individually when registering under part 48. Furthermore, the owners of
standard or limited remote identification unmanned aircraft would have
to provide the serial number of all unmanned aircraft registered under
part 47 or part 48, on or before the 36th month after the effective
date of the final rule. The serial number would establish the unique
identity of the unmanned aircraft. The serial number provided during
registration or re-registration would have to be issued by the producer
of the unmanned aircraft and comply with the ANSI/CTA-2063-A serial
number standard.
Owners of unmanned aircraft used exclusively for limited
recreational operations \5\ who currently register multiple aircraft
under a single registration number would be required to register each
aircraft, individually by manufacturer, model, and, if the unmanned
aircraft is a standard or limited remote identification unmanned
aircraft, the aircraft's serial number, on or before the 36th month
after the effective date of the final rule. The owners of small
unmanned aircraft registered after the effective date of the final rule
would have to comply with the new registration requirements prior to
the operation of the unmanned aircraft.
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\5\ This proposal uses the term ``limited recreational
operations'' when discussing current registration requirements under
part 48. Part 48 uses the term ``model aircraft'' to describe
recreational UAS operations. The FAA considers that model aircraft
under part 48 are consistent with the ``limited recreational
operations'' described in 49 U.S.C. 44809, therefore ``limited
recreational operations'' has been used throughout to ensure
consistency of terminology with current statutory requirements.
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The registration requirements are discussed in section IX of this
preamble.
2. UAS Operators
i. Remote Identification Operating Requirements
Under the proposed rule, a person operating a UAS in the airspace
of the United States would have to meet the remote identification
requirements in one of three ways, depending upon the capabilities of
the UAS, on or before the 36th month after the effective date of the
final rule.
a. Standard Remote Identification UAS
For purposes of this proposed rule, a ``standard remote
identification UAS'' is a UAS with remote identification equipment
capable of both: (1) Connecting to the internet and transmitting
through that internet connection to a Remote ID USS; and (2)
broadcasting directly from the unmanned aircraft. Standard remote
identification UAS are discussed further in section X.A.1 of this
preamble. Any person operating a standard remote identification UAS
would be required to ensure:
The UAS was designed and produced to meet the minimum
performance requirements of the rule using an FAA-accepted means of
compliance for standard remote identification UAS. Persons would be
able to meet this obligation by ensuring that the serial number of the
standard remote identification UAS is listed on an FAA-accepted
declaration of compliance. A person operating a UAS would be able to
read the label on the aircraft indicating whether the UAS is a

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standard or limited remote identification UAS. Additionally, a person
could determine whether the UAS is listed on an FAA-accepted
declaration of compliance by verifying the status on the FAA's website.
The standard remote identification UAS broadcasts the remote
identification message elements directly from the unmanned aircraft
from takeoff to landing.
When the internet is available at takeoff, the standard
remote identification UAS connects to the internet and transmits the
required message elements through that internet connection to a Remote
ID USS.
The required message elements include, among others, a UAS
Identification to establish the unique identity of the UAS. Operators
would have to choose whether to use the serial number of the unmanned
aircraft or a session ID (e.g., a randomly-generated alphanumeric code
assigned by a Remote ID USS on a per-flight basis designed to provide
additional privacy to the operator) as the UAS Identification. The
required message elements are discussed in section XII.C of this
preamble.
A person could operate a standard remote identification UAS only
if: (1) It has a serial number that is listed on an FAA-accepted
declaration of compliance; (2) its remote identification equipment is
functional and complies with the requirements of the proposed rule from
takeoff to landing; and (3) its remote identification equipment and
functionality have not been disabled.
b. Limited Remote Identification UAS
For purposes of this proposed rule, a ``limited remote
identification UAS'' is a UAS that: (1) Is designed and produced to
restrict operation to no more than 400 feet from its control station;
(2) is capable of connecting to the internet and transmitting the
remote identification message elements through that internet connection
to a Remote ID USS; and (3) cannot broadcast remote identification
message elements. Limited remote identification UAS are discussed
further in section X.A.2 of this preamble. Persons operating a limited
remote identification UAS would be required to operate within visual
line of sight and ensure that:
The UAS was designed and produced to meet the minimum
performance requirements of the rule using an FAA-accepted means of
compliance for a limited remote identification UAS. Persons would be
able to meet this obligation by ensuring that the serial number of the
limited remote identification UAS is listed on an FAA-accepted
declaration of compliance. Additionally, a person could determine
whether the UAS is listed on an FAA-accepted declaration of compliance
by verifying the status on the FAA's website.
From takeoff to landing, the limited remote identification
UAS connects to the internet and transmits the required remote
identification message elements through that internet connection to a
Remote ID USS.
The required message elements would include, among others, a UAS
Identification to establish the unique identity of the UAS. Operators
would have to choose whether to use the unmanned aircraft's serial
number or a session ID assigned by a Remote ID USS as the UAS
Identification. The required message elements are discussed in section
XII.C of this preamble.
A person could operate a limited remote identification UAS only if:
(1) it has a serial number that is listed on an FAA-accepted
declaration of compliance; (2) its remote identification equipment is
functional and complies with the requirements of the proposed rule from
takeoff to landing; and (3) its remote identification equipment and
functionality have not been disabled. Examples of the use of limited
remoted identification UAS are further discussed in section X.G of this
preamble.
c. UAS Without Remote Identification Equipment
Under the proposed rule, the vast majority of UAS would be required
to have remote identification capability, however as discussed in
section X. A. 3, a limited number of UAS would continue to not have
remote identification. The FAA envisions that upon full implementation
of this rule, no unmanned aircraft weighing more than 0.55 pounds will
be commercially available that is not either a standard remote
identification UAS or a limited remote identification UAS. However,
there will be certain UAS including amateur built aircraft and
previously manufactured UAS that might not have remote identification
capability. A person operating a UAS without remote identification
equipment would always be required to operate within visual line of
sight \6\ and within an FAA-recognized identification area. Under the
proposed rule, an FAA-recognized identification area is a defined
geographic area where UAS without remote identification can operate. An
area would be eligible for establishment as an FAA-recognized
identification area if it is a flying site that has been established
within the programming of a community based organization recognized by
the Administrator. The FAA would maintain a list of FAA-recognized
identification areas at https://www.faa.gov. FAA-recognized
identification areas are discussed further in section XV of this
preamble.
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\6\ While this proposed rule does not propose any changes to
requirements related to beyond visual line of sight (BVLOS)
operations, the FAA intends for the rule to be dynamic to account
for future changes related to line of sight operations. The FAA
specifically notes that this rulemaking requires UAS without remote
identification equipment to always be operated within line of sight.
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ii. Prohibition Against the Use of ADS-B Out and Transponders
The proposed rule also prohibits use of ADS-B Out and transponders
for UAS operations under 14 CFR part 107 and part 91 unless otherwise
authorized by the FAA. The FAA is concerned that the potential
proliferation of ADS-B Out transmitters on UAS may negatively affect
the safe operation of manned aircraft in the airspace of the United
States. The projected numbers of UAS operations have the potential to
saturate available ADS-B frequencies, affecting ADS-B capabilities for
manned aircraft and potentially blinding ADS-B ground receivers. The
FAA is therefore proposing that UAS operators, with limited exceptions,
be prohibited from using ADS-B Out or transponders. The prohibition
against the use of ADS-B Out and transponders is discussed in Section
XVI of this preamble.
3. UAS Designers and Producers
For each UAS designed or produced for operation in the United
States, the person responsible for the design or production of the
unmanned aircraft system (with limited exceptions included in the
proposal) would be required to design or produce the UAS in accordance
with the performance requirements for a standard remote identification
UAS or limited remote identification UAS using an FAA-accepted means of
compliance for remote identification on or before the 24th month after
the effective date of the final rule.
A person responsible for the production of UAS (with limited
exceptions) would be required to:
Issue each unmanned aircraft a serial number that complies
with the ANSI/CTA-2063-A serial number standard.
Label the unmanned aircraft to indicate that it is remote
identification compliant and indicate whether the UAS is standard
remote identification or limited remote identification.
Submit a declaration of compliance for acceptance by the
FAA, declaring

[[Page 72442]]

that the UAS complies with the requirements of the proposed rule.
The FAA could ask the person responsible for the production of the
UAS to submit additional information or documentation, as needed, to
supplement a declaration of compliance. The FAA would notify the
submitter of its acceptance of a declaration of compliance. The FAA
would also provide a list of accepted declarations of compliance at
https://www.faa.gov.
A person that submits a declaration of compliance would be required
to retain certain data for as long as the UAS listed on that
declaration of compliance is produced plus an additional 24 calendar
months. If the FAA rescinds its acceptance of a declaration of
compliance, the submitter of the FAA-accepted declaration of compliance
or any person adversely affected by the rescission of the
Administrator's acceptance of the declaration of compliance may
petition the FAA to reconsider the rescission by submitting a request
for reconsideration to the FAA within 60 calendar days of publication
in the Federal Register of a notice of rescission.
4. Developers of Remote Identification Means of Compliance
Means of compliance, as discussed in section XII of this preamble,
are developed by persons or organizations to describe methods by which
a person designing or producing a UAS with remote identification may
comply with the performance requirements of this proposed rule. Under
the proposed rule, a means of compliance would have to be accepted by
the FAA before it could be used for the design and production of UAS
with remote identification. A person or entity seeking acceptance by
the FAA of a means of compliance for UAS with remote identification
equipment would be required to submit the means of compliance to the
FAA. The FAA would review the means of compliance to determine if it
meets the minimum performance requirements, and testing and validation
procedures of the proposed rule. Specifically, the person or entity
would have to submit a detailed description of the means of compliance,
a justification for how the means of compliance meets the minimum
performance requirements of the proposed rule, and any substantiating
material the person or entity wishes the FAA to consider as part of the
application. The minimum performance requirements, and testing and
validation procedures, are discussed in sections XII.D and XII.F of
this preamble. A person or entity who submits a means of compliance
that is accepted by the FAA would have to retain certain data for as
long as the means of compliance is accepted plus an additional 24
calendar months.
The FAA would indicate acceptance of a means of compliance by
notifying the submitter of the acceptance of the proposed means of
compliance. The FAA also expects to notify the public that it has
accepted the means of compliance by including it on a list of accepted
means of compliance at https://www.faa.gov. The FAA would not disclose
commercially valuable information in this document.
5. Remote ID USS
The proposed rule would require persons operating UAS with remote
identification to transmit the remote identification message elements
to a Remote ID USS over the internet. A Remote ID USS would be a
service provider qualified by the Administrator to provide remote
identification services to UAS. Each Remote ID USS would be required to
establish a contractual relationship with the FAA through a Memorandum
of Agreement (MOA) entered into under the FAA's ``other transaction
authority'' under 49 U.S.C. 106(l) and (m), and to comply with a series
of terms, conditions, limitations, and technical requirements that
outline how the Remote ID USS must interpret and provide data to
external users, as well as store and protect such data. The Remote ID
USS would also be contractually required to meet quality-of- service
metrics that would establish the minimum requirements for providing
remote identification services, including availability of the service
and what happens when various failures occur. To implement remote
identification, the FAA anticipates establishing a cooperative data
exchange mechanism between the FAA and Remote ID USS, as discussed in
section XIV of this preamble.
Remote ID USS would be required to demonstrate four primary
capabilities: (1) The ability to share the remote identification
message elements in near real-time with the FAA upon request; (2) the
ability to maintain remote identification information securely and to
limit access to such information; (3) the ability to meet
contractually-established technical parameters; and (4) the ability to
inform the FAA when their services are active and inactive. Another
capability of a Remote ID USS may be to generate and provide UAS
operators with a UAS Identification known as a session ID. A session ID
would be a randomly-generated alphanumeric code that is used only for
one flight. UAS operators would have the option to use a Session ID to
identify the UAS instead of the serial number, to provide a greater
level of privacy. This capability would be defined in the technical
requirements agreed to in the MOA.
To become an FAA-qualified Remote ID USS, a prospective Remote ID
USS would enter into an MOA with the FAA, demonstrate it meets the
technical requirements, and successfully test the end-to-end system and
connections. Prospective Remote ID USS would also be reviewed for
consistency with national security and cybersecurity requirements and
export administration regulations. FAA-qualified Remote ID USS would be
subject to ongoing FAA review to ensure compliance and quality-of-
service.
6. Table of Major Provisions
Table 1 provides a summary of the major provisions of this proposed
rule.

Table 1--Summary of Major Provisions
------------------------------------------------------------------------
Issue Proposed requirement CFR section
------------------------------------------------------------------------
Registration Requirements
------------------------------------------------------------------------
Individual registration of Requires the individual 48.100
unmanned aircraft and registration of all 48.110
conforming changes. unmanned aircraft
registered under part
48.
Requires each unmanned 48.5
aircraft to be 48.30
registered under a 48.115
unique registration 48.200
number. Eliminates
existing option to
allow multiple
recreational unmanned
aircraft to register
under a single
registration number.
------------------------------------------------------------------------

[[Page 72443]]

Serial numbers for unmanned The unmanned aircraft 47.14
aircraft. serial number provided
as part of an
application for
aircraft registration
for a standard remote
identification or
limited remote
identification
unmanned aircraft
would be the serial
number issued by the
manufacturer in
accordance with the
requirements of part
89.
The owner of a small 48.100
unmanned aircraft
would have to include
the manufacturer and
model name of the
unmanned aircraft
during the
registration or
registration renewal
process, and for any
standard or limited
remote identification
unmanned aircraft, the
serial number issued
by the manufacturer.
Adds clarifying 48.15
language for existing
registration
requirements for part
107 operators.
------------------------------------------------------------------------
Telephone number(s) for Requires telephone 48.100
applicant for registration. number(s) of applicant
at time of
registration.
------------------------------------------------------------------------
Operating Requirements
------------------------------------------------------------------------
Applicability of operating The remote 89.101
requirements. identification
operating requirements
would apply to: (1)
Persons operating
unmanned aircraft
registered or required
to be registered under
parts 47 or 48; and
(2) persons operating
foreign civil unmanned
aircraft in the United
States.
------------------------------------------------------------------------
Remote identification No person would be 89.105
requirements generally. allowed to operate a
UAS within the
airspace of the United
States unless the
operation is conducted
under one of the
following: (1) The UAS
is a standard remote
identification UAS and
that person complies
with the requirements
of Sec. 89.110; (2)
the UAS is a limited
remote identification
UAS and that person
complies with the
requirements of Sec.
89.115; or (3) the UAS
does not have remote
identification
equipment and that
person complies with
the requirements of
Sec. 89.120.
------------------------------------------------------------------------
Standard remote identification Remote identification.. 89.110
UAS. If the internet is
available at takeoff,
the UAS would have to
do the following from
takeoff to landing:
(1) Connect to the
internet and transmit
the required remote
identification message
elements through that
internet connection to
a Remote ID USS; and
(2) broadcast the
message elements
directly from the
unmanned aircraft..
If the internet is
unavailable at
takeoff, or if during
the flight, the
unmanned aircraft can
no longer transmit
through an internet
connection to a Remote
ID USS, the UAS would
have to broadcast the
message elements
directly from the
unmanned aircraft from
takeoff to landing.
In-flight loss of
broadcast capability:
A person manipulating
the flight controls of
a standard remote
identification UAS
that can no longer
broadcast the message
elements would have to
land as soon as
practicable.
Operation of standard
remote identification
UAS:
A person would be
allowed to operate
a standard remote
identification UAS
only if it meets
the following
requirements: (1)
Its serial number
is listed on an FAA-
accepted
declaration of
compliance; (2) its
remote
identification
equipment is
functional and
complies with the
requirements of
proposed part 89
from takeoff to
landing; and (3)
its remote
identification
equipment and
functionality have
not been disabled.
------------------------------------------------------------------------
Limited remote identification Remote identification.. 89.115
UAS. The UAS would have to
do the following from
takeoff to landing:
(1) Connect to the
internet and transmit
the required remote
identification message
elements through that
internet connection to
a Remote ID USS; and
(2) be operated within
visual line of sight..
In-flight loss of
remote identification:
A person manipulating
the flight controls of
a limited remote
identification UAS
would have to land as
soon as practicable
when it cannot
transmit the message
elements through an
internet connection to
a Remote ID USS.
Operation of limited
remote identification
UAS:
A person would be
allowed to operate a
limited remote
identification UAS
only if it meets the
following
requirements: (1) Its
serial number is
listed on an FAA-
accepted declaration
of compliance; (2) its
remote identification
equipment is
functional and
complies with the
requirements of
proposed part 89 from
takeoff to landing;
and (3) its remote
identification
equipment and
functionality have not
been disabled.
------------------------------------------------------------------------
UAS without remote The limited number of 89.120
identification. UAS that do not have
remote identification
equipment would be
allowed to operate
within visual line of
sight and within an
FAA-recognized
identification area.

[[Page 72444]]

With authorization from
the Administrator, a
person may operate a
UAS that does not have
remote identification
for the purpose of
aeronautical research
or to show compliance
with regulations.
------------------------------------------------------------------------
Transponder and Automatic ADS-B Out equipment may 89.125
Dependent Surveillance- not be used to comply
Broadcast (ADS-B) use. with the remote
identification
requirements.
ATC transponder and 91.215
altitude-reporting
equipment and use
requirements do not
apply to persons
operating UAS unless
the operation is
conducted under a
flight plan and the
person operating the
UAS maintains two-way
radio communication
with ATC, or the use
of a transponder is
otherwise authorized
by the Administrator.
No person would be 107.52
allowed to operate a
small UAS with a
transponder on, unless
otherwise authorized
by the Administrator.
ADS-B equipment and use 91.225
requirements do not
apply to persons
operating UAS unless
the operation is
conducted under a
flight plan and the
person operating the
UAS maintains two-way
radio communication
with ATC, or the use
of ADS-B Out is
otherwise authorized
by the Administrator.
No person would be 107.53
allowed to operate a
small UAS with ADS-B
Out equipment in
transmit mode, unless
otherwise authorized
by the Administrator.
------------------------------------------------------------------------
Confirmation of identification No person would be 89.130
for foreign registered civil allowed to operate a
unmanned aircraft operated in foreign registered
the United States. civil unmanned
aircraft in the United
States unless, prior
to the operation, the
person submits a
notice of
identification that
includes basic
information regarding
the unmanned aircraft
and the person
responsible for the
operation.
------------------------------------------------------------------------
Record Retention............... The Administrator shall 89.135
require any Remote ID
USS to retain any
remote identification
message elements for 6
months from the date
when the remote
identification message
elements are received
or otherwise come into
the possession of the
Remote ID USS.
------------------------------------------------------------------------
FAA-recognized identification areas
------------------------------------------------------------------------
Applicability.................. Prescribes procedural 89.201
requirements to
establish an FAA-
recognized
identification area.
------------------------------------------------------------------------
Eligibility.................... Only a community based 89.205
organization (CBO)
recognized by the
Administrator would be
allowed to apply for
the establishment of
an FAA-recognized
identification area.
------------------------------------------------------------------------
Requests for establishment..... Application............ 89.210
A CBO requesting
establishment of an
FAA-recognized
identification area
would have to submit
an application within
12 calendar months
from the effective
date of the final
rule. The FAA will not
consider any
applications submitted
after that date.
Required documentation. 89.210
A request for
establishment of an
FAA-recognized
identification area
would have to contain
the following
information:
Name of the
CBO making the
request..
Declaration
that the person making
the request has the
authority to act on
behalf of the CBO.
Name and
contact information,
including telephone
number(s), of the
primary point of
contact for
communications with
the FAA.
Physical
address of the
proposed FAA-
recognized
identification area.
Latitude and
longitude coordinates
delineating the
geographic boundaries
of the proposed FAA-
recognized
identification area.
If applicable,
a copy of any existing
letter of agreement
regarding the flying
site.
Approval of an FAA- 89.215
recognized
identification area.
FAA would approve or
deny applications for
FAA-recognized
identification areas,
and may take into
consideration matters
including but not
limited to: the
effects on existing or
contemplated airspace
capacity, critical
infrastructure,
existing or proposed
manmade objects,
natural objects, or
the existing use of
the land, within or
close to the proposed
FAA-recognized
identification area;
the safe and efficient
use of airspace by
other aircraft; and
the safety and
security of persons or
property on the
ground.
Amendment.............. 89.220
Any change to the
information submitted
in the application for
establishment of an
FAA-recognized
identification area
would have to be
submitted to the FAA
within ten calendar
days of the change.
Such information
includes, but would
not be limited to, a
change to the point of
contact for the FAA-
recognized
identification area,
or a change to the
community based
organization's
affiliation with the
FAA-recognized
identification area.

[[Page 72445]]

If the community based
organization wishes to
change the geographic
boundaries of the FAA-
recognized
identification area,
the organization must
submit the request to
the FAA for review.
The geographic
boundaries of the FAA-
recognized
identification area
will not change until
they have been
approved or denied in
accordance with Sec.
89.215.
Duration of an FAA- 89.225
recognized
identification area.
An FAA-recognized
identification area
would be in effect for
48 calendar months
after the date the FAA
approves the request
for establishment of
an FAA-recognized
identification area.
Renewal................ 89.225
A request for renewal
would have to be
submitted no later
than 120 days prior to
the expiration of the
FAA-recognized
identification area in
a form and manner
acceptable to the
Administrator. The
Administrator may deny
requests submitted
after that deadline or
requests submitted
after the expiration
of the FAA-recognized
identification area.
------------------------------------------------------------------------
Expiration and termination..... Expiration............. 89.230
Unless renewed, an FAA-
recognized
identification area
would be automatically
cancelled and have no
further force or
effect as of the day
immediately after its
expiration date..
Termination prior to
expiration (by
request):
A CBO may submit a
request to the
Administrator to
terminate an FAA-
recognized
identification area.
Once an FAA-recognized
identification area is
terminated, that CBO
may not reapply to
have that flying site
reestablished as an
FAA-recognized
identification area.
Termination by FAA:
FAA would be able to
terminate an FAA-
recognized
identification area
for cause or upon a
finding that the FAA-
recognized
identification area
could pose a risk to
aviation safety,
public safety, or
national security or
that the person who
submitted a request
for establishment of
an FAA-recognized
identification area
provided false or
misleading information
during the submission
process.
Once an FAA-recognized
identification area is
terminated, that CBO
may not reapply to
have that flying site
reestablished as an
FAA-recognized
identification area.
Petition to reconsider
the FAA's decision to
terminate an FAA
recognized
identification area:
A CBO whose FAA-
recognized
identification area
has been terminated by
the FAA would be able
to petition for
reconsideration by
submitting a request
for reconsideration
and establishing the
grounds for such
reconsideration within
30 calendar days of
the date of issuance
of the termination.
------------------------------------------------------------------------
Requirements for UAS with Remote Identification
------------------------------------------------------------------------
Applicability.................. Prescribes the minimum 89.301
message elements set
and minimum
performance
requirements for
standard remote
identification UAS and
limited remote
identification UAS.
------------------------------------------------------------------------
Message elements broadcast and Standard remote 89.305
transmitted by standard remote identification UAS
identification UAS. would have to
broadcast and transmit
the following remote
identification message
elements:
The identity
of the UAS consisting
of one of the
following:.
[cir] The serial number
assigned to the
unmanned aircraft by
the producer..
[cir] Session ID
assigned by a Remote
ID USS..
An indication
of the latitude and
longitude of the
control station and
unmanned aircraft..
An indication
of the barometric
pressure altitude of
the control station
and unmanned aircraft..
A Coordinated
Universal Time (UTC)
time mark..
An indication
of the emergency
status of the UAS,
which could include
lost-link or downed
aircraft..
------------------------------------------------------------------------
Minimum performance Standard remote 89.310
requirements for standard identification UAS
remote identification UAS. would have to meet
minimum performance
requirements related
to the following:
Control
station and unmanned
aircraft location..
Automatic
Remote ID USS
connection..
Time mark.
Self-testing
and monitoring.
Tamper
resistance.
Connectivity.
Error
correction.
Interference
considerations.

[[Page 72446]]

Message
transmission
requirements for
broadcast and Remote
ID USS transmission.
Message
elements performance
requirements for
broadcast and Remote
ID USS transmission.
Cybersecurity.
------------------------------------------------------------------------
Message elements transmitted by Limited remote 89.315
limited remote identification identification UAS
UAS. would have to transmit
the following remote
identification message
elements:
The identity
of the UAS consisting
of one of the
following:.
[cir] The serial number
assigned to the
unmanned aircraft by
its producer.
[cir] Session ID
assigned by a Remote
ID USS.
An indication
of the latitude and
longitude of the
control station.
An indication
of the barometric
pressure altitude of
the control station.
A Coordinated
Universal Time (UTC)
time mark.
An indication
of the emergency
status of the UAS,
which could include
lost-link or downed
aircraft.
------------------------------------------------------------------------
Minimum performance Limited remote 89.320
requirements for limited identification UAS
remote identification UAS. would have to meet
minimum performance
requirements related
to the following:
Control
station location..
Automatic
Remote ID USS
connection..
Time mark.
Self-testing
and monitoring.
Tamper
resistance.
Connectivity.
Error
correction.
Interference
considerations.
Message
transmission
requirements for
Remote ID USS
transmission.
Message
elements performance
requirements for
Remote ID USS
transmission.
Cybersecurity.
Range
limitation.
Broadcast
limitation.
------------------------------------------------------------------------
Means of Compliance
------------------------------------------------------------------------
Applicability.................. Prescribes the 89.401
following:
Requirements
for means of
compliance.
Procedural
requirements for the
submission and
acceptance of means of
compliance.
Rules
governing persons
submitting means of
compliance for FAA
acceptance.
------------------------------------------------------------------------
Submitting a means of Any person would be 89.405
compliance for FAA acceptance. able to submit a means
of compliance for
acceptance by the FAA
by submitting certain
specified information
to the FAA in a form
and manner acceptable
to the Administrator.
A means of compliance
would have to include
testing and validation
procedures for persons
designing and
producing standard
remote identification
UAS or limited remote
identification UAS to
demonstrate through
analysis, ground test,
or flight test, as
appropriate, how the
standard remote
identification UAS or
limited remote
identification UAS
performs its intended
functions and meets
the requirements for
UAS with remote
identification.
------------------------------------------------------------------------
Acceptance of a means of A person requesting 89.410
compliance. acceptance of a means
of compliance would
have to demonstrate to
the FAA that the means
of compliance
addresses all
applicable
requirements and that
any UAS with remote
identification
designed and produced
in accordance with
such means of
compliance would meet
the performance
requirements of
proposed part 89.
------------------------------------------------------------------------
Rescission..................... Rescission of FAA's 89.415
acceptance of a means
of compliance.
FAA would be able to
rescind its acceptance
of a means of
compliance if it finds
that the means of
compliance does not
meet any of the
applicable
requirements for a
means of compliance..
------------------------------------------------------------------------
Record retention............... A person who submits a 89.420
means of compliance
that is accepted by
the Administrator
would have to retain
certain specified data
for as long as the
means of compliance is
accepted plus an
additional 24 calendar
months.
------------------------------------------------------------------------

[[Page 72447]]

Design and Production of UAS with Remote Identification
------------------------------------------------------------------------
Applicability.................. Applies to the design 89.501
and production of UAS
operating in the
United States except
for the design and
production of the
following (unless they
are standard remote
identification UAS or
limited remote
identification UAS, in
which case they would
have to comply with
the design and
production
requirements of the
proposed rule):
Amateur-built
UAS.
UAS of the
United States
Government.
UAS where the
unmanned aircraft
weighs less than 0.55
pounds including the
weight of anything
attached to or carried
by the aircraft.
UAS produced
for the purpose of
aeronautical research
or showing compliance
with regulations.
Prescribes the
following:
Requirements
for design and
production of UAS
operating in the
United States.
Procedural
requirements for the
submission and
acceptance of
declarations of
compliance.
Rules
governing persons
holding FAA-accepted
declarations of
compliance or
operating UAS with
remote identification.
------------------------------------------------------------------------
Serial numbers................. Producers of UAS with 89.505
remote identification
would have to issue
each unmanned aircraft
a serial number that
complies with ANSI/CTA-
2063-A.
------------------------------------------------------------------------
Design and production No person would be 89.510
requirements. allowed to produce a
UAS unless.
The UAS is
designed and produced
to meet the minimum
performance
requirements for
standard remote
identification UAS or
limited remote
identification UAS
using an FAA-accepted
means of compliance.
The UAS meets
the requirements of
proposed subpart F.
The FAA has
accepted a declaration
of compliance for that
UAS.
Producers of UAS would
have to:
Allow the
Administrator to
inspect their
facilities, technical
data, and any standard
remote identification
UAS or limited remote
identification UAS the
person produces, and
to witness any tests
necessary to determine
compliance with
subpart F.
Perform
independent audits on
a recurring basis, and
whenever the FAA
provides notice of
noncompliance or of
potential
noncompliance, to
demonstrate the UAS
listed under a
declaration of
compliance meet the
requirements of
subpart F. The person
responsible for the
production of standard
remote identification
UAS or limited remote
identification UAS
must provide the
results of all such
audits to the FAA upon
request.
Maintain
product support and
notification
procedures to notify
the public and the FAA
of any defect or
condition that causes
a UAS to no longer
meet the requirements
of subpart F, within
15 calendar days of
the date the person
becomes aware of the
defect or condition.
------------------------------------------------------------------------
Labeling....................... Persons responsible for 89.515
the production of UAS
with remote
identification would
have to include a
label on the UAS to
indicate that it meets
the remote
identification
requirements and
whether the unmanned
aircraft system is a
standard remote
identification UAS or
limited remote
identification UAS.
The label would have
to be in English and
be legible, prominent,
and permanently
affixed to the
unmanned aircraft.
------------------------------------------------------------------------
Submission of declaration of The person responsible 89.520
compliance for FAA acceptance. for the production of
a UAS with remote
identification
equipment would have
to submit a
declaration of
compliance for
acceptance by the FAA.
The declaration of
compliance would have
to include certain
specified information,
including a
declaration that:
The UAS was
designed and produced
using an FAA-accepted
means of compliance.
The person
responsible for the
production of the UAS
complies with the
requirements of Sec.
89.510(b).
------------------------------------------------------------------------
Acceptance of a declaration of The FAA would notify 89.525
compliance. the submitter of its
decision to accept or
reject a declaration
of compliance.
------------------------------------------------------------------------
Rescission and reconsideration. Rescission of FAA's 89.530
acceptance of a
declaration of
compliance.

[[Page 72448]]

The FAA would be able
to rescind its
acceptance of a
declaration of
compliance if it
determines any of the
following: (1) A UAS
with remote
identification listed
under an FAA-accepted
declaration of
compliance does not
meet the applicable
minimum performance
requirements; (2) an
FAA-accepted
declaration of
compliance does not
meet any of the
relevant requirements
of proposed part 89;
or (3) the FAA
rescinded its
acceptance of the
means of compliance
listed in an FAA-
accepted declaration
of compliance.
If the FAA determines
it is in the public
interest, prior to
rescission, it would
be able to provide a
reasonable period of
time for the person
holding the
declaration of
compliance to
remediate the
noncompliance.
Petition for
reconsideration:
The person who
submitted the FAA-
accepted declaration
of compliance or any
person adversely
affected by the
rescission would be
able to petition for
reconsideration within
60 days of the
rescission. The
petition would have to
show that the
petitioner is an
interested party and
has been adversely
affected by the
rescission. The
petition would also
have to demonstrate
one of the following:
(1) The petitioner has
a significant
additional fact not
previously presented
to the FAA; (2) the
Administrator made a
material error of fact
in the decision to
rescind its
acceptance; or (3)
that the Administrator
did not correctly
interpret a law,
regulation, or
precedent.
------------------------------------------------------------------------
Record retention............... A person who submits a 89.535
declaration of
compliance that is
accepted by the
Administrator would
have to retain certain
specified data for as
long as the UAS listed
on that declaration of
compliance are
produced plus an
additional 24 calendar
months. That person
would have to also
make certain
information available
for inspection by the
FAA, including: (1)
The means of
compliance, all
documentation, and
substantiating data
related to the means
of compliance used;
(2) records of all
test results; and (3)
any other information
necessary to
demonstrate compliance
with the means of
compliance so that the
UAS meets the remote
identification
requirements and the
design and production
requirements of this
part.
------------------------------------------------------------------------
Definitions and Abbreviations
------------------------------------------------------------------------
Definitions.................... Unmanned 1.1
aircraft system.
UAS service
supplier..
Visual line of
sight..
Amateur-built 89.1
unmanned aircraft
system.
Broadcast.....
Remote ID USS.
------------------------------------------------------------------------
Abbreviations.................. USS means a 1.2
UAS service supplier.
------------------------------------------------------------------------
Falsification, Reproduction, Alteration, or Omission
------------------------------------------------------------------------
Falsification, reproduction or No person would be 89.5
alteration. allowed to make or
cause to be made any
of the following.
Any fraudulent
or intentionally false
statement in any
document related to
any acceptance,
application, approval,
authorization,
certificate,
declaration,
designation,
qualification, record,
report, request for
reconsideration, or
similar, submitted
under this part..
Any fraudulent
or intentionally false
statement in any
document required to
be developed,
provided, kept, or
used to show
compliance with any
requirement under this
part.
Any
reproduction or
alteration, for
fraudulent purpose, of
any document related
to any acceptance,
application, approval,
authorization,
certificate,
declaration,
designation,
qualification, record,
report, request for
reconsideration, or
similar, submitted or
granted under this
part.
No person may conceal a
material fact in:
Any document
related to any
acceptance,
application, approval,
authorization,
certificate,
declaration,
designation,
qualification, record,
report, request for
reconsideration, or
similar, submitted
under this part.
Any document
required to be
developed, provided,
kept, or used to show
compliance with any
requirement under this
part.
The commission of a
prohibited act would
result in:
Suspension,
rescission, or
revocation of any
acceptance,
application, approval,
authorization,
certificate,
declaration,
declaration of
compliance,
designation, document,
filing, qualification,
means of compliance,
record, report,
request for
reconsideration, or
similar instrument
issued or granted by
the Administrator and
held by that person.
A civil
penalty.
------------------------------------------------------------------------

[[Page 72449]]

D. Summary of Costs and Benefits

This proposed rule would provide remote identification of UAS in
the airspace of the United States to address safety, security, and law
enforcement concerns regarding the further integration of these
aircraft into the airspace of the United States while also enabling
greater operational capabilities. This proposal would promote public
safety and the safety and efficiency of the airspace of the United
States. The remote identification framework would provide UAS-specific
data, which may be used in tandem with new technologies and
infrastructure to facilitate more advanced operational capabilities
(such as detect-and-avoid and aircraft-to-aircraft communications that
support beyond visual line of sight operations) and to develop the
necessary elements for comprehensive UAS traffic management (UTM).
Furthermore, remote identification of UAS provides airspace awareness
to the FAA, national security agencies, and law enforcement entities.
This information could be used to distinguish compliant airspace users
from those potentially posing a safety or security risk fulfilling a
key requirement for law enforcement and national security agencies
charged with protecting public safety.
This proposed rule would result in additional costs for persons
responsible for the production of UAS, owners and operators of
registered unmanned aircraft, community based organizations, Remote ID
USS, and the FAA. This proposal would provide cost savings for the FAA
and law enforcement resulting from a reduction in hours and associated
costs expended investigating UAS incidents.\7\ Additionally, part 107
allows individuals to request waivers from certain provisions,
including those prohibiting operations at night and over people. This
proposed rule, in concert with the FAA's proposed rule for operations
over people would create cost savings for the FAA and part 107
operators by avoiding the time expended processing waivers for these
activities.\8\
---------------------------------------------------------------------------

\7\ This analysis includes quantified savings to the FAA only. A
variety of other entities involved with airport operations, facility
and infrastructure security, and law enforcement would also save
time and resources involved with UAS identification and incident
reporting, response and investigation. The FAA plans to update its
estimates of savings for additional information and data identified
during the comment period and development of the final rule.
\8\ On February 13, 2019, the FAA published a notice of proposed
rulemaking titled ``Operation of Small Unmanned Aircraft Systems
over People,'' (84 FR 3856) in which the FAA proposed to allow
operations of small unmanned aircraft over people in certain
conditions and operations of small UAS at night without obtaining a
waiver.
---------------------------------------------------------------------------

The analysis of this proposed rule is based on the fleet forecast
for small unmanned aircraft as published in the FAA Aerospace
Forecast.\9\ The forecast includes base, low, and high scenarios. This
analysis provides a range of net impacts from low to high based on
these forecast scenarios. The FAA considers the primary estimate of net
impacts of the proposed rule to be the base scenario. For the primary
estimate, over a 10-year period of analysis this proposed rule would
result in net present value costs of about $582 million at a three
percent discount rate with annualized net costs of about $68 million.
At a seven percent discount rate, the net present value costs are about
$474 million with annualized net costs of $67 million. The following
table presents a summary of the primary estimates of the quantified
costs and cost savings of this proposed rule. Additional details,
including low and high estimates of quantified net costs, are provided
in the Regulatory Evaluation section of this proposal and in the
Preliminary Regulatory Impact Analysis available in the docket for this
rulemaking.
---------------------------------------------------------------------------

\9\ FAA Aerospace Forecast Fiscal Years 2019-2039, available at
https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf. The forecast provides a
base (i.e., likely) with high (or optimistic) and low (or
pessimistic) scenarios. The low and high forecast scenarios are not
symmetric around the base--please see the forecast report for more
information.

Table 2--Preliminary Estimates of Costs and Cost Savings of Proposed Rule ($Millions) * Base Scenario--Primary
Estimate
----------------------------------------------------------------------------------------------------------------
10-year 10-year
Affected entity/category present value Annualized (at present value Annualized (at
(at 3%) 3%) (at 7%) 7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................ $145.87 $17.10 $117.48 $16.73
Remote ID USS Subscription...................... 241.72 28.34 191.74 27.30
UAS Producers (US and Foreign).................. 134.58 15.78 111.58 15.89
Developers of Remote ID Means of Compliance..... 2.85 0.33 2.36 0.34
Remote ID USS Memoranda of Agreement............ 1.60 0.19 1.43 0.20
Community Based Organizations................... 0.39 0.05 0.35 0.05
FAA Costs....................................... 56.96 6.68 50.33 7.17
---------------------------------------------------------------
Total Costs................................. 583.98 68.46 475.27 67.67
Cost Savings (reduced hours for FAA (2.45) (0.29) (1.82) (0.26)
investigations)............................
---------------------------------------------------------------
Net Costs............................... 581.52 68.17 473.46 67.41
----------------------------------------------------------------------------------------------------------------
* Table notes: Column totals may not sum due to rounding and parenthesis, ``( )'', around numbers to indicate
savings.

The FAA expects this proposed rule will result in several important
benefits and enhancements to support the safe integration of expanded
UAS operations in the airspace of the United States. The proposal would
provide situational awareness of UAS operations to other aircraft and
airport operators. The proposed rule would provide information to
distinguish compliant UAS users from those potentially posing a safety
or security risk. The following table summarizes the benefits of the
proposed rule.

Table 3--Summary of Benefits of Proposed Rule
------------------------------------------------------------------------

------------------------------------------------------------------------
Safety and Security.......... Provides situational awareness
of UAS flying in the airspace of the
United States to other aircraft in the
vicinity of those operations and airport
operators.

[[Page 72450]]

Provides information to
distinguish compliant UAS users from
those potentially posing a safety or
security risk.
Enables the FAA, national
security agencies, and law enforcement
entities to obtain situational awareness
of UAS in the airspace of the United
States in near real-time.
Provides additional registration
and notification requirements for
identifying aircraft and promoting
accountability and the safe and
efficient use of the airspace of the
United States.
Enables Expanded Operations Assists in the implementation of
and UAS Integration. operations of small UAS over people and
at night. A final rule for operation of
small UAS over people and at night is
contingent upon a final action for UAS
with remote identification being in
effect.
Provides UAS-specific data to
facilitate future, more advanced
operational capabilities, such as detect-
and-avoid and aircraft-to-aircraft
communications that support beyond
visual line of sight (BVLOS) operations.
Provides UAS-specific data to
develop a comprehensive UAS traffic
management (UTM) system that would
facilitate the safe expansion of
operations.
------------------------------------------------------------------------

In addition, the proposed rule provides flexibility through minimum
performance requirements that would accommodate future innovation and
improve the efficiency of UAS operations. The proposal also does not
preclude early compliance for UAS producers or operators to realize
earlier expanded operations and commercial opportunities.

E. Structure of This Proposed Rule

This proposed rule addresses remote identification of UAS from a
number of perspectives: UAS owners, UAS operators, UAS designers and
producers, developers of remote identification means of compliance, and
Remote ID USS. The FAA recognizes that certain persons may only be
interested in certain topics. Therefore, the following provides the
structure of this proposed rule.
Section II of this preamble discusses the FAA's legal authority for
promulgating this proposed rule.
Section III of this preamble discusses the integration of UAS into
the airspace of the United States. The complexities surrounding the
full integration of UAS into the airspace of the United States has led
the FAA to engage in a phased, incremental, and risk-based approach to
rulemaking based on the statutory authorities delegated to the agency.
Section IV of this preamble discusses the need for remote
identification of UAS operating in the airspace of the United States.
The section addresses the role of the FAA as the United States civil
aviation authority and air navigation service provider, current
registration requirements and how those requirements do not provide
information responsive to remote identification, current cooperative
surveillance for manned aircraft, and the need for situational
awareness. The section further explains how remote identification of
UAS fits within the FAA's compliance and enforcement programs. The
section describes how the FAA envisions remote identification may
facilitate beyond visual line of sight (BVLOS) operations in the
future. The potential benefits of remote identification of UAS to
national security and law enforcement agencies are noted.
Section V of this preamble discusses related international
activities.
Section VI of this preamble provides a summary of the Unmanned
Aircraft Systems (UAS) Identification (ID) and Tracking Aviation
Rulemaking Committee (ARC) (UAS-ID ARC) report and the FAA's response
to that report.
Section VII of this preamble discusses the new terms to be defined
as part of this proposed rule.
Section VIII of this preamble describes the applicability of the
proposed rule. It also discusses the framework of the following
sections: Operating requirements for UAS with remote identification,
means of compliance, and design and production requirements.
Section IX of this preamble discusses the current registration
requirements for unmanned aircraft under part 47 and part 48 and the
issues with the current registration requirements in light of the need
for remote identification of UAS. The section also discusses the FAA's
proposed revision of the registration requirements of part 48 to
require the individual registration of unmanned aircraft and the
proposed use of unmanned aircraft serial numbers as unique identifiers
for remote identification purposes.
Section X of this preamble explains the operating requirements
related to remote identification of UAS. It describes the requirements
for standard remote identification UAS and limited remote
identification UAS. It also discusses the proposed requirements for UAS
without remote identification. The section provides the proposed
requirements to transmit and broadcast, as appropriate, message
elements. It discusses the FAA's proposal to prohibit the use of ADS-B
Out to satisfy remote identification of UAS. Finally, it discusses UAS
operators' requirement to operate a UAS with remote identification only
if that UAS is listed on a valid FAA-accepted declaration of
compliance.
Section XI of this preamble discusses law enforcement access to
remote identification information.
Section XII of this preamble discusses the FAA's proposed
requirements for what an FAA-accepted means of compliance for remote
identification would contain. The FAA is proposing that any FAA-
accepted means of compliance contain requirements regarding the message
elements to be transmitted and the minimum performance requirements for
the transmission and broadcast, as appropriate, of those elements. The
section discusses the process to submit and have the FAA accept a means
of compliance, and data retention requirements for submitters of means
of compliance. The section also discusses other requirements the FAA
considered in the development of this proposed rule.
Section XIII of this preamble provides the proposed design and
production requirements. It discusses the proposed requirement that
producers of standard remote identification UAS and limited remote
identification UAS issue serial numbers for UAS and that persons
producing UAS with remote identification would be required to do so in
accordance with the minimum performance requirements of the proposed
rule using an FAA-accepted means of compliance. The section also
describes the requirement for producers to submit a declaration of
compliance, followed by a description of the process for FAA acceptance
of declarations of compliance, rescission of those declarations, and
the right of a person who submitted the FAA-accepted declaration of
compliance or any person adversely affected by the rescission of the
Administrator's acceptance of a declaration of compliance to petition
for reconsideration of a rescission. Finally, the section discusses
data retention requirements for producers submitting FAA-accepted
declarations of compliance.
Section XIV of this preamble discusses the role of Remote ID USS.
The section describes the FAA's vision regarding the role of Remote ID
USS in

[[Page 72451]]

providing remote identification services as well as how they will be
established and what data provided to them will be publicly available.
The section also describes the FAA's vision for data privacy and
information security.
Section XV of this preamble provides the overarching requirements
for FAA-recognized identification areas to be used by UAS that cannot,
or do not, comply with the proposed remote identification requirements.
Section XVI of this preamble discusses the circumstances under
which the use of ADS-B Out and transponders for UAS would be
prohibited.
Section XVII of this preamble provides the proposed effective dates
and compliance dates.
Section XVIII of this preamble discusses the proposed guidance
documents.
Sections XIX and XX of this preamble address the FAA's requirements
to comply with various statutes and Executive Orders pertaining to all
regulations.
Section XXI of this preamble discusses the tribal considerations
related to this proposed rule.
Section XXII of this preamble discusses the privacy impact analysis
the FAA conducted as part of this proposed rule.
Section XXIII of this preamble provides additional information to
persons wishing to provide comments to this proposed rule.

II. Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the Agency's
authority.
This rulemaking is promulgated pursuant to 49 U.S.C. 40103(b)(1)
and (2), which direct the FAA to issue regulations: (1) To ensure the
safety of aircraft and the efficient use of airspace; and (2) to govern
the flight of aircraft for purposes of navigating, protecting and
identifying aircraft, and protecting individuals and property on the
ground. In addition, 49 U.S.C. 44701(a)(5) charges the FAA with
promoting safe flight of civil aircraft by prescribing regulations the
FAA finds necessary for safety in air commerce and national security.
Section 2202 of Public Law 114-190 requires the Administrator to
convene industry stakeholders to facilitate the development of
consensus standards for remotely identifying operators and owners of
UAS and associated unmanned aircraft and to issue regulations or
guidance based on any standards developed.
The Administrator is granted the authority under 49 U.S.C. 44805 to
establish a process for, among other things, accepting risk-based
consensus safety standards related to the design and production of
small UAS. Under 49 U.S.C. 44805(b)(7), one of the considerations the
Administrator must take into account prior to accepting such standards
is any consensus identification standard regarding remote
identification of unmanned aircraft developed pursuant to section 2202
of Public Law 114-190.
Additionally, section 44809(f) of 49 U.S.C. provides that the
Administrator is not prohibited from promulgating rules generally
applicable to unmanned aircraft, including those unmanned aircraft
eligible for the exception for limited recreational operations of
unmanned aircraft. Among other things, this authority extends to rules
relating to the registration and marking of unmanned aircraft and the
standards for remotely identifying owners and operators of UAS and
associated unmanned aircraft.
The FAA has authority to regulate registration of aircraft under 49
U.S.C. 44101-44106 and 44110-44113, which require aircraft to be
registered as a condition of operation and establish the requirements
for registration and registration processes.
Finally, this rulemaking is promulgated under the authority
described in 49 U.S.C. 106(f), which establishes the authority of the
Administrator to promulgate regulations and rules, and 49 U.S.C.
40101(d), which authorizes the FAA to consider in the public interest,
among other things, the enhancement of safety and security as the
highest priorities in air commerce, the regulation of civil and
military operations in the interest of safety and efficiency, and
assistance to law enforcement agencies in the enforcement of laws
related to regulation of controlled substances, to the extent
consistent with aviation safety.

III. Integration of UAS Into the Airspace of the United States

The rapid proliferation of UAS has created significant
opportunities and challenges for their integration into the airspace of
the United States. The relatively low cost of highly capable UAS
technology has allowed for hundreds of thousands of new operators to
enter the aviation community.
The complexities surrounding the full integration of UAS into the
airspace of the United States have led the FAA to engage in a phased,
incremental, and risk-based approach to rulemaking based on the
statutory authorities delegated to the agency. On December 16, 2015,
the FAA and DOT jointly published an interim final rule in the Federal
Register titled Registration and Marking Requirements for Small
Unmanned Aircraft (``Registration Rule''),\10\ which provided for a
web-based aircraft registration process for small unmanned aircraft in
14 CFR part 48, to serve as an alternative to the registration
requirements for aircraft established in 14 CFR part 47. The
Registration Rule imposed marking requirements on small unmanned
aircraft registered under part 48 to display a unique identifier in a
manner that is visible upon inspection. This unique identifier could be
the registration number issued to an individual or to the aircraft by
the FAA Registry or the small unmanned aircraft's serial number if
authorized by the Administrator and provided with the application for
the certificate of aircraft registration.
---------------------------------------------------------------------------

\10\ 80 FR 78594.
---------------------------------------------------------------------------

On June 28, 2016, the FAA and DOT jointly published the final rule
for Operation and Certification of Small Unmanned Aircraft Systems
(``The 2016 Rule'') in the Federal Register.\11\ This was an important
step towards the integration of civil small UAS operations (for
aircraft weighing less than 55 pounds) into the airspace of the United
States. The 2016 Rule set the initial operational structure and certain
restrictions to allow routine civil operations of small UAS in the
airspace of the United States in a safe manner. Prior to the 2016 Rule,
the FAA authorized commercial UAS operations, including real estate
photography, precision agriculture, and infrastructure inspection,
under section 333 of Public Law 112-95. Over 5,500 operators received
this authorization. The FAA also issued over 900 Certificates of Waiver
or Authorization (COA), allowing Federal, State, and local governments,
law enforcement agencies, and public universities to perform numerous
tasks with UAS, including search-and-rescue, border patrol, and
research. The 2016 Rule allows for certain operations of small UAS in
the airspace of the United States without the need for airworthiness
certification, exemptions, or certificates of waiver or authorization.
---------------------------------------------------------------------------

\11\ 81 FR 42064.

---------------------------------------------------------------------------

[[Page 72452]]

The 2016 Rule also imposed certain restrictions on small UAS
operations. The restrictions include a prohibition on nighttime
operations, limitations on operations conducted during civil twilight,
restrictions on operations over people, a requirement for all
operations to be conducted within visual line of sight, and other
operational, airspace, and pilot certification requirements. Since the
rule took effect on August 29, 2016, most low-risk small UAS operations
that were previously authorized on a case-by-case basis under Public
Law 112-95 section 333 are now considered routine operations. These
operations are now permitted within the requirements of part 107
without further interaction with the FAA. Publishing Part 107 was the
first significant regulatory step to enable lower risk, less complex
UAS operations.
Part 107 opened the airspace of the United States to the vast
majority of routine small UAS operations, allowing flight within visual
line of sight while maintaining flexibility to accommodate future
technological innovations. Part 107 allows individuals to request
waivers from certain provisions, including those prohibiting operations
over people and beyond visual line of sight. Petitions for waivers from
the provisions of part 107 must demonstrate that the petitioner has
provided sufficient mitigations to safely conduct the requested
operation.
On October 5, 2018, Congress enacted Public Law 115-254, also known
as the FAA Reauthorization Act of 2018. The FAA Reauthorization Act of
2018 amended Part A of subtitle VII of title 49, United States Code by
inserting a new chapter 448 titled Unmanned Aircraft Systems and
incorporating additional authorities and mandates to support the
further integration of UAS into the airspace of the United States,
including several provisions that specifically deal with the need for
remote identification of UAS. Section 376 of the FAA Reauthorization
Act of 2018 requires the FAA to perform testing of remote
identification technology and to assess the use of remote
identification for the development of UTM.
Additionally, congressional action supports the implementation of
remote identification requirements for most UAS. Section 349 of the FAA
Reauthorization Act of 2018 included a provision indicating that the
Administrator is not prohibited from promulgating rules relating to the
standards for remotely identifying owners and operators of UAS and
associated unmanned aircraft.\12\ The provision denotes Congress's
acknowledgment that remote identification is an essential part of the
UAS regulatory framework. Section 349 also does not prohibit the
Administrator from promulgating rules generally applicable to unmanned
aircraft related to updates to the operational parameters for unmanned
aircraft used for limited recreational operations, the registration and
marking of unmanned aircraft, and other standards consistent with
maintaining the safety and security of the airspace of the United
States.\13\
---------------------------------------------------------------------------

\12\ See 49 U.S.C. 44809.
\13\ Id.
---------------------------------------------------------------------------

Lastly, on February 13, 2019, the FAA published three rulemaking
documents in the Federal Register as part of the next phase for
integrating small UAS into the airspace of the United States. The first
of such documents was an interim final rule titled ``External Marking
Requirement for Small Unmanned Aircraft,'' \14\ in which the FAA
required small unmanned aircraft owners to display the registration
number assigned by the FAA on an external surface of the aircraft. The
second rulemaking document was a notice of proposed rulemaking titled
``Operation of Small Unmanned Aircraft Systems Over People,'' \15\ in
which the FAA proposed to allow operations of small unmanned aircraft
over people in certain conditions and operations of small UAS at night
without obtaining a waiver. The third rulemaking document was an
advance notice of proposed rulemaking titled ``Safe and Secure
Operations of Small Unmanned Aircraft Systems,'' \16\ in which the FAA
sought information from the public on whether and under which
circumstances the FAA should promulgate new rules to require stand-off
distances, additional operating and performance restrictions, the use
of UAS Traffic Management (UTM), additional payload restrictions, and
whether the agency should prescribe design requirements and require
that unmanned aircraft be equipped with critical safety systems.
---------------------------------------------------------------------------

\14\ 84 FR 3669.
\15\ 84 FR 3856.
\16\ 84 FR 3732.
---------------------------------------------------------------------------

IV. Need for Remote Identification of UAS Operating in the Airspace of
the United States

A. Maintaining the Safety and Efficiency of the Airspace of the United
States

The FAA is both the civil aviation authority and the air navigation
service provider (ANSP) for the United States. The FAA has statutory
responsibilities to set standards and certify aircraft, airmen, and
facilities. In addition, the FAA is responsible for ensuring the safe
and efficient use of navigable airspace. The FAA carries out its
responsibilities by developing air traffic rules, assigning the use of
airspace, and controlling air traffic through a complex network of
airport towers, air route traffic control centers, and flight service
stations.
The FAA is responsible for serving tens of thousands of commercial
and private aircraft operating in 29 million square miles of airspace
each day. Through its air traffic management (ATM) system, the FAA
coordinates the movements of these aircraft to ensure they operate at
safe distances from each other and manages disruptions to normal air
traffic flow. The FAA's ability to manage air traffic in the airspace
of the United States is predicated on the agency knowing who is
operating in the airspace and, if necessary, on being able to
communicate with those airspace users.
1. Existing Cooperative Surveillance System
The ATM system relies on appropriately equipped aircraft to provide
the surveillance services necessary to ensure the safety and efficiency
of the airspace of the United States. In addition to ground-based
equipment such as primary and secondary radar, participating aircraft
use ATC transponders and ADS-B Out to participate in the ATM's
cooperative surveillance environment. Transponders emit a radio
frequency response when they are interrogated by ground-based secondary
radar systems. Part of the response is the Mode 3/A code which is a
four digit number ranging from 0000 to 7777 that allows ATC to identify
aircraft under radar surveillance and correlate the target to a flight
plan. Other information provides ATC with the location of the aircraft,
which is shown on ATC radar displays. After January 1, 2020, aircraft
will be required to equip with ADS-B Out to operate in certain
airspace.
Some UAS, such as those operating in Class A airspace, are already
equipped with transponders and ADS-B Out and operate in accordance with
existing rules. But for the majority of UAS, especially those operating
at low altitudes, the existing cooperative surveillance system is not
capable of providing the necessary services.
Currently, there is no regulatory requirement mandating the remote
identification of unmanned aircraft other than the existing equipment
rules in part 91 for transponders that are applicable to aircraft in
certain airspace and ADS-B Out, which will be required

[[Page 72453]]

for aircraft in certain airspace after January 1, 2020. Because the
majority of UAS operations occur at low altitudes, the existing rules
do not adequately provide for awareness of who is operating in the
airspace. The FAA is therefore proposing to require the remote
identification of UAS to enable the agency to identify unmanned
aircraft flying in the airspace of the United States and locate the
operators of those aircraft. Remote identification equipment would
provide identifying information for UAS similar to how ADS-B and
transponders provide identifying information for manned aircraft. This
information would also be essential for the management of the flow of
air traffic as more UAS integrate into the airspace of the United
States.
The FAA does not propose the use of transponders or ADS-B Out for
remote identification for three primary reasons. First, the use of
these technologies would require significant additional infrastructure,
including radars and receivers, to cover the lower altitudes of the
airspace of the United States where unmanned aircraft are expected to
primarily operate. Second, the FAA expects that, due to the volume of
unmanned aircraft operations projected, the additional radio frequency
signals would saturate the available spectrum and degrade the overall
cooperative surveillance system. Finally, transponders and ADS-B Out do
not provide any information about the location of control stations, as
these systems were designed for manned aircraft. For these reasons, the
FAA has determined that existing cooperative surveillance systems are
incapable of supporting UAS remote identification and is proposing a
new cooperative surveillance technology specifically for UAS. However,
the proposal does not prohibit the use of ADS-B In, if the ADS-B In
equipment is manufactured and installed in accordance with FAA
requirements and guidance.\17\
---------------------------------------------------------------------------

\17\ See Advisory Circulars 20-172B and 90-114A.
---------------------------------------------------------------------------

2. Current Challenges With Associating UAS With Their Owners and
Operators
All manned aircraft, unmanned aircraft weighing over 0.55 pounds,
and any unmanned aircraft operated pursuant to 14 CFR part 107 or part
91 (irrespective of weight) are subject to FAA's aircraft registration
and marking requirements. These requirements are the fundamental means
for the FAA to physically identify manned and unmanned aircraft
operating in the airspace of the United States and to associate them
with their owners. The FAA recognizes that current registration and
marking requirements are most useful when the aircraft is static or
when information regarding the aircraft and its owner is needed without
a direct link to the aircraft itself. In the case of unmanned aircraft
in flight, however, registration and marking alone are insufficient to
identify the aircraft and to locate the person manipulating the flight
controls of a UAS. This is due to both the small size of most unmanned
aircraft and to the fact that the person manipulating the flight
controls of the UAS is not co-located with the aircraft. The
Registration Rule acknowledged that the registration of small unmanned
aircraft would provide a means by which to quickly identify the
aircraft in the event of an incident or accident involving a small UAS.
The Registration Rule also acknowledged that registration of small
unmanned aircraft would provide an immediate and direct opportunity for
the FAA to educate small UAS owners on safety requirements before they
begin operating. The Registration Rule did not, however, envision the
use of registration numbers as a means to identify or locate the small
UAS owner or the person manipulating the flight controls of the UAS
during real-time flight operations.
The small size of most unmanned aircraft makes it difficult--if not
impossible--to read their registration numbers from the ground,
preventing proper identification of the unmanned aircraft while it is
in flight. Although it is true that manned aviation faces similar
identification issues (since aircraft registration marks may be
impossible to read from the ground when the aircraft is flying at
certain altitudes or speeds), there is an important distinction between
manned and unmanned aviation that makes the inability to read a
registration number from the ground less problematic in manned
aviation. In manned aviation, the pilot-in-command is co-located with
the aircraft and is therefore more easily identifiable, even if such
identification occurs after landing.
In addition, pilots of manned aircraft are often required to, or
choose to, maintain two-way communications with air traffic control
(ATC) for purposes of receiving air traffic services. This
communication helps ascertain the identity and intent of the pilot in
command. Furthermore, transponders and ADS-B Out systems transmit
unique codes that allow ATC to identify and distinguish aircraft from
others flying in the airspace of the United States, as discussed in the
preceding section. These means of identification are not currently
required or feasible for UAS. The challenge of identifying UAS would
only increase with the proliferation of BVLOS operations--when pilots
will likely be located far away from the unmanned aircraft location.
3. Situational Awareness
The ability to know the location of unmanned aircraft operating in
the airspace of the United States and to identify and locate their
operators creates situational awareness of operations conducted in the
airspace of the United States, fosters accountability of the operators
and owners of UAS, and improves the capabilities of the FAA and law
enforcement to investigate and mitigate careless, hazardous, and
noncompliant operations. This contributes to safety in air commerce and
the efficient use of the airspace of the United States.
Remote identification would provide greater situational awareness
of UAS operating in the airspace of the United States to other aircraft
in the vicinity of those operations and also provide information to
airport operators. Manned aircraft, especially those operating at low
altitudes where UAS operations are anticipated to be the most
prevalent, such as helicopters and agricultural aircraft, could carry
the necessary equipment to display the location of UAS operating
nearby. Facility operators could use remote identification information
to know about UAS operating near an airport, airfield, or heliport,
regardless of the airspace in which the facility is located. This would
provide a level of awareness that is currently unavailable for those
facilities and the aircraft operating nearby. For example, an aircraft
preparing to take off from an airport in Class G airspace may have
access to greater information (e.g., number and location of UAS, types
of operations conducted in the airspace, etc.) than currently
available.
4. Compliance and Enforcement
The safety of the airspace of the United States largely depends on
aircraft operators following the prescribed rules and being accountable
for their actions. The FAA needs the ability to identify aircraft and
their owners to ensure adequate oversight of the operations (e.g.,
facilitate the identification of noncompliant or unauthorized
operations). When unsafe operations are discovered, the FAA is required
to adequately address safety issues that may adversely affect the
airspace of the United States as well as people and property on the
ground. To accomplish this, the FAA needs a means

[[Page 72454]]

to locate UAS operators--in near real-time, if necessary--to take
immediate or subsequent action to mitigate safety issues or security
threats. Thus, the FAA believes that the remote identification
requirements in this proposed rule are necessary to ensure the safety
of the airspace of the United States.
If an operator is unwilling or unable to comply with, or is
deliberately flouting regulations, the FAA could employ legal
enforcement action, including civil penalties and certificate actions,
as appropriate, to address violations and help deter future violations.
Civil penalties for violations of the federal aviation regulations
range from a maximum per violation penalty of $1,466, for individual
operators, to $33,333 for large companies. In addition, Congress
granted the FAA authority to assess civil penalties of up to $20,000
against an individual who operates a UAS and in so doing knowingly or
recklessly interferes with a law enforcement, emergency response, or
wildfire suppression activity. The FAA may take enforcement action
against anyone who conducts an unauthorized UAS operation or operates a
UAS in a way that endangers the safety of the airspace of the United
States. This authority is designed to protect users of the airspace as
well as people and property on the ground.

B. Unmanned Aircraft Systems Traffic Management (UTM)

The FAA, in an effort to further integrate UAS into the airspace of
the United States, is collaborating with other government agencies and
industry stakeholders to develop unmanned aircraft systems traffic
management (UTM) separate from, but complementary to, the ATM system.
The term ``UTM'' refers to a set of third-party services and an all-
encompassing framework for managing multiple UAS operations. This
vision for UTM includes services for flight planning, communications,
separation, and weather, among others. The FAA believes that remote
identification facilitates the long-term implementation of UTM by
providing greater awareness of all aircraft, including unmanned
aircraft, operating in a particular area. UTM would help enable
increased UAS operations in both controlled and uncontrolled airspace,
including airspace where no air traffic separation services are
currently provided.
The vision for UTM \18\ relies on third parties' ability to supply
services, under FAA's regulatory authority, where such services do not
currently exist. The FAA envisions community-based traffic management,
where UAS operators have the responsibility for the coordination,
execution, and management of a safe operating environment. UTM would be
designed to support the demand and expectations for a broad spectrum of
UAS operations with ever-increasing complexity and risk.
---------------------------------------------------------------------------

\18\ https://utm.arc.nasa.gov/docs/2018-UTM-ConOps-v1.0.pdf
---------------------------------------------------------------------------

The concept of UTM is predicated on layers of information sharing
and exchange, from operator to operator, aircraft to aircraft, and
operator to the FAA, to achieve safe operations. Operators would share
their flight intent with each other and coordinate to de-conflict and
safely separate trajectories. Remote identification is a crucial first
step in the development of these UTM services.

C. Facilitating Beyond Visual Line of Sight Operations

Providing a means to conduct routine BVLOS operations is a critical
step in the integration of UAS operations in the airspace of the United
States. The technologies and procedures necessary to enable BVLOS
operations have been the focus of past and current research by the FAA
and others.\19\ The research indicated that for UAS to conduct safe,
routine BVLOS operation, UAS should be able to detect both cooperative
and non-cooperative aircraft (manned and unmanned) so they can maintain
a safe distance from those aircraft. Cooperative aircraft are those
that are providing information that identifies the location of the
aircraft, typically through a standardized and receivable electronic
radio frequency broadcast or other type of transmission. Non-
cooperative aircraft are those that are not providing any information
regarding their location.
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\19\ https://www.faa.gov/uas/programs_partnerships/integration_pilot_program/; https://www.faa.gov/uas/programs_partnerships/completed/; http://www.assureuas.org/projects/detectandavoid.php
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A UAS that broadcasts or transmits remote identification
information would contribute to a cooperative operating environment.
Operators of UAS could use remote identification information available
from a Remote ID USS or broadcast directly from other unmanned aircraft
to know the location of UAS operating nearby. Such data could be used
in UAS detect-and-avoid and aircraft-to-aircraft communication systems
to aid in unmanned aircraft collision avoidance. Under UTM, when the
locations of other unmanned aircraft become known, the UAS operators
would be able to maintain a safe distance from those aircraft.
Although remote identification of UAS does not, in and of itself,
permit BVLOS operations, it is a key stepping stone to the future
ability to conduct those operations. Without remote identification of
UAS, BVLOS operations on a large scale are not feasible, and the
foundational building blocks of UTM--which is necessary to enable
routine BVLOS operations--are not established.

D. National Security and Law Enforcement Efforts

This proposed rule would serve the public interest by assisting
government efforts to address illegal activity and protect national
security. The safety and security benefits described in this section
are consistent with the FAA's responsibilities to assist law
enforcement agencies in their efforts to enforce laws related to
regulation of controlled substances, to the extent consistent with
aviation safety,\20\ and to prescribe regulations necessary for safety
in air commerce and national security.\21\
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\20\ 49 U.S.C. 40101(d).
\21\ 49 U.S.C. 44701(a)(5).
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Federal, State, and local law enforcement and national security
agencies have expressed their desire for new regulations to reduce and
address the security threats associated with illegal or threatening UAS
operations as well as the ability to discriminate between compliant and
non-compliant operations. The FAA recognizes the increasing
availability and potential use of UAS for illegal activities such as
the carrying and smuggling of controlled substances, illicit drugs, and
other dangerous or hazardous payloads; the unlawful invasion of
privacy; illegal surveillance and reconnaissance; the weaponization of
UAS; sabotaging of critical infrastructure; property theft; disruption;
and harassment. The misuse of UAS for these purposes presents a direct
threat to public safety. Such misuse also presents a hazard to safety
in air commerce. Such risks are multiplied with the increasing
sophistication of technology, the availability of UAS equipment, and
the proliferation of UAS operations across the airspace of the United
States.
Unmanned aircraft operators who know they cannot easily be
identified are more likely to engage in careless, reckless, or
dangerous behavior because they believe they will not be caught. These
operators could engage in evasive maneuvering to avoid pursuit, violate
airspace restrictions, engage in unauthorized night or BVLOS
operations, fly too close to other aircraft,

[[Page 72455]]

or operate in weather conditions beyond the capability of the unmanned
aircraft or the person flying it. Such behavior could create severe
safety hazards not only to other manned and unmanned aircraft in the
surrounding airspace, but also to persons and property on the ground.
Additionally, UAS operators that do not comply with applicable law
create a unique security challenge. On average, six sightings of UAS
allegedly conducting unauthorized operations are reported to the FAA
each day. Additionally, based on information provided by other U.S.
Government agencies, there may be many additional UAS sightings
involving unauthorized or illegal operations not reported to the FAA.
Although collisions with aircraft are rare, there have been two
confirmed unmanned aircraft collisions with manned aircraft: an Army
Blackhawk helicopter in New York City in September 2017, and a small
twin-engine passenger aircraft approaching Quebec City's Jean Lesage
International Airport in October 2017. In all of these circumstances,
remote identification could have enabled immediate identification of
the UAS and enabled law enforcement to find the location of the control
station for near real-time response and investigation.
Owners of critical infrastructure, airports, and venues for mass
gatherings have expressed concern over the security of their facilities
after sightings of UAS of unknown identity and intent. Many sightings
are at night, when it may be more difficult to see and identify the
unmanned aircraft or find the operator. Owners and facility managers of
sports stadiums and other open-air venues are particularly concerned,
given the concentration of people present during an event. Malicious
UAS activities designed to disrupt and gain media attention are a
distinct threat with the potential to inflict delays, fear, injuries,
and significant economic losses across a variety of critical
infrastructure sectors, including airports, public facilities, and
energy production infrastructure.
On April 11, 2019, numerous spectators visually spotted a UAS
operating during a Major League Baseball game.\22\ Although law
enforcement were able to eventually identify the operator within 24
hours due to a municipally-owned detection system, remote
identification would likely have allowed them to find the operator and
control station much more quickly and address the issue in real time.
After law enforcement confiscated the UAS involved in the April 2019
incident and were able to review its flight log, they learned that the
operator had flown over a previous World Series game at the same
stadium--violating an FAA Temporary Flight Restriction and numerous
safety regulations.
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\22\ https://www.usatoday.com/story/sports/mlb/redsox/2019/04/13/drone-fenway-park-juvenile/3457190002/. Accessed June 11, 2019.
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A UAS that was not approved to operate over people was used to drop
pamphlets over large crowds outside a concert venue and a university
event in May, 2019, in Sacramento, California.\23\ This event was
similar to two incidents in 2017 when a UAS was used to drop leaflets
at two California National Football League games.\24\ Although security
and law enforcement personnel at the stadium used rudimentary tactics
to eventually identify the accused operator, the lack of remote
identification made real-time location of the operator impossible.\25\
Security professionals have raised concerns that unmanned aircraft that
have not been determined to be safe to fly over a large gathering of
people may pose a safety hazard, and a UAS dropping objects could
potentially pose a greater threat by releasing hazardous substances or
creating a stampede of frightened spectators fleeing the area. Although
social media postings helped identify the operator in some cases, such
information rarely helps law enforcement officers address a potential
threat in real time.
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\23\ https://www.newsweek.com/drone-used-drop-nazi-leaflets-ariana-grande-concert-sacramento-bites-bridge-1414933. Accessed June
11, 2019.
\24\ https://www.justice.gov/usao-ndca/pr/sacramento-area-resident-charged-flying-drone-over-nfl-games-violation-national-defense. Accessed June 10, 2019.
\25\ Id.
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Multiple pilot reports of a UAS approximately 10 miles away from
Newark Airport led to a disruption in arrivals in January 2019 that
impacted other airports on the East Coast for several hours.\26\ The
more than 30-hour disruption of flights at London's Gatwick Airport in
December 2018,\27\ as well as brief disruptions at airports in
Dubai,\28\ Dublin,\29\ and Frankfurt \30\ within the last year, further
demonstrate the potential for significant operational and financial
impact from the presence of an unauthorized UAS in and around an
airport. UAS operators have not been identified in any of these airport
events. Remote identification of UAS would potentially prevent
disruptions such as these by enabling real time action by the FAA,
airport facilities, and law enforcement.
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\26\ https://www.washingtonpost.com/transportation/2019/01/22/drone-activity-halts-air-traffic-newark-liberty-international-airport/?noredirect=on&utm_term=.c0e920a9e756. Accessed June 11,
2019.
\27\ https://www.theguardian.com/uk-news/2018/dec/21/gatwick-airport-reopens-limited-number-of-flights-drone-disruption. Accessed
June 11, 2019.
\28\ http://www.digitaljournal.com/tech-and-science/technology/q-a-recent-airport-shutdowns-need-drone-interdiction-technology/article/543680. Accessed June 11, 2019.
\29\ https://dronelife.com/2019/02/22/flights-were-grounded-at-dublin-airport-after-another-drone-sighting/. Accessed June 11,
2019.
\30\ https://www.ecnmag.com/news/2019/03/drone-sightings-interrupt-germanys-frankfurt-airport. Accessed June 10, 2019.
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Remote identification would also aid in preventing terrorist
attacks. Recent reports in the news including the Islamic State of Iraq
and Ash-Sham's modifications of commercial UAS,\31\ the assassination
attempt of Nicol[aacute]s Maduro in Venezuela,\32\ a foiled plot in the
United Kingdom to fly an unmanned aircraft into an airliner,\33\ and a
bomb-laden unmanned aircraft flown by Huthi forces and detonated over a
military parade in Yemen \34\ illustrate the ways in which UAS may be
used to threaten life, critical infrastructure, and national security.
Remote identification of UAS would enable national security agencies
and law enforcement to quickly identify potential threats and act to
prevent such incidents.
---------------------------------------------------------------------------

\31\ https://ctc.usma.edu/app/uploads/2018/07/Islamic-State-and-Drones-Release-Version.pdf. Accessed June 11, 2019.
\32\ https://www.bbc.com/news/world-latin-america-45073385.
Accessed June 9, 2019.
\33\ https://www.dailystar.co.uk/news/latest-news/724185/Terror-drone-plot-Britain-UK-spies-foil. Accessed June 11, 2019.
\34\ https://www.reuters.com/article/us-yemen-security/houthi-drones-kill-several-at-yemeni-military-parade-idUSKCN1P40N9.
Accessed June 11, 2019.
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The use of UAS to smuggle contraband into correctional facilities
is also increasingly common.\35\ Even inexpensive consumer-grade UAS
models have sufficient payload and technical capabilities to carry
illicit and dangerous items over prison walls. Recent efforts by law
enforcement, for example, have included the investigation and
prosecution of an individual who illegally operated a consumer-grade
UAS with the intent to deliver contraband (marijuana) into a

[[Page 72456]]

Georgia state prison. The prosecution ultimately resulted in a guilty
plea in the Middle District of Georgia to a charge of operating an
aircraft eligible for registration knowing that the aircraft is not
registered to facilitate a controlled substance offense. The defendant
received a sentence of 48 months in prison.\36\ Remote identification
will assist law enforcement in their efforts to find and stop operators
who attempt to engage in similar conduct.
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\35\ https://www.washingtonpost.com/local/prisons-try-to-stop-drones-from-delivering-drugs-porn-and-cellphones-to-inmates/2016/10/12/645fb102-800c-11e6-8d0c-fb6c00c90481_story.html?utm_term=.22b0427db4d0. Accessed June 11,
2019.
\36\ https://www.justice.gov/usao-mdga/pr/illegal-drone-operator-sentenced-attempting-drop-drugs-georgia-state-prison.
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Four Federal departments \37\ have the authority to deploy counter-
UAS systems to detect and mitigate credible threats posed by UAS.\38\
Remote identification of UAS would provide these departments with
increased awareness of UAS operations conducted across certain
geographical areas of interest. That information would aid the
determination of whether UAS represent a threat that must be met with
counter-UAS capabilities. In particular, remote identification would
provide these departments with crucial information about the owner of
the UAS, and the control station's location in near real-time,
supplementing and enriching information obtained via UAS detection
capabilities. The FAA believes that the ability to identify the owner
and the location of the control station would help these Federal
agencies to more accurately assess risk and take action commensurate
with that risk.
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\37\ Department of Defense, Department of Energy, Department of
Homeland Security, and the Department of Justice.
\38\ 10 U.S.C. 130i; 50 U.S.C. 2661; 6 U.S.C. 124n.
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In addition, certain public safety activities have been hampered by
the inability to identify UAS and their locations. While there are
numerous examples, in one case, a UAS interfered with a police
helicopter assisting with a cliff rescue; \39\ in another case, a UAS
interfered with a police helicopter assisting a fire response.\40\ In
2017, a helicopter performing security for the United Nations General
Assembly struck an unmanned aircraft, causing more than $100,000 worth
of damage to the helicopter.\41\ Remote identification would enable the
FAA, first responders, and law enforcement officers to more easily
determine who is operating in the airspace, providing important
information to help determine appropriate responses to ensure the
safety and security of the airspace of the United States and the people
on the ground.
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\39\ https://www.mercurynews.com/2017/01/30/pacifica-drone-operator-arrested-for-interfering-with-helicopter-rescue-mission/.
\40\ https://www.nbcwashington.com/news/local/College-Park-Man-Arrested-For-Flying-Drone-Near-5-Alarm-Fire-Monday-420369903.html.
\41\ https://www.reuters.com/article/us-usa-military-drone/u-s-probing-collision-between-civilian-drone-army-helicopter-idUSKBN1CA1Z0.
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Although Federal, State, and local law enforcement agencies are
responsible for the investigation and prosecution of illegal
activities, the FAA retains the regulatory and civil enforcement
authority and oversight over aviation activities that create hazards
and pose threats to the safety of flight in air commerce. Both safety
and security enforcement are extremely difficult absent a remote
identification requirement that enables the prompt and accurate
identification of UAS and operators.

V. Related International Activities

The International Civil Aviation Organization (ICAO) does not
prescribe any remote identification equipage for UAS. However, as of
the date of publication of this proposed rule, ICAO advisory groups are
developing material addressing UTM and UAS operations under instrument
flight rules (IFR). The European Union, the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (France Civil Aviation
Authority), and the Civil Aviation Administration Denmark (Denmark
Civil Aviation Authority) have also proposed various actions and
advisory group activity for remote identification.
With the exception of Italy and Qatar, no individual ICAO-member
Civil Aviation Authority has remote identification requirements for
UAS. The Italian Civil Aviation Authority requires aircraft with a
maximum takeoff weight of more than 55 pounds (25kg) to have certain
equipage that transmits flight parameters and owner/operator data.
Aircraft compliant with these requirements must also meet data storage
standards. The Qatar Civil Aviation Authority requires that certain UAS
operations be conducted with prescribed geo-fencing and electronic
identification systems.
In May 2017, the European Commission published a notice of proposed
amendment which included proposed rules for remote identification. That
proposed amendment would require UAS to broadcast a unique physical
serial number of the unmanned aircraft compliant with standard ANSI/
CTA-2063, the geographical position of the unmanned aircraft and its
height above the takeoff point, the direction and speed of the unmanned
aircraft, and the geographical position of the unmanned aircraft
takeoff point. During the first half of 2019, the European Commission
finalized and adopted the following rules for remote identification:
(1) The Commission Delegated Regulation (EU) 2019/945 of 12 March 2019
on unmanned aircraft systems and on third-country operators of unmanned
aircraft systems, and (2) the Commission Implementing Regulation (EU)
2019/947 of 24 May 2019 on the rules and procedures for the operation
of unmanned aircraft. The regulations address the design and
operational requirements for unmanned aircraft and include a
requirement for unmanned aircraft to be individually identifiable, but
do not impose a European standard for remote identification.
As adopted, the regulations require the local broadcast of
information about an unmanned aircraft in operation, including the
marking of the unmanned aircraft to demonstrate conformity with the
applicable requirements, so that the information may be obtained
without physical access to the unmanned aircraft. The remote
identification requirements adopted by the European Commission include
the following:
(a) Allowing the upload of the UAS operator registration number in
accordance with Article 14 of Implementing Regulation (EU) 2019/947 and
exclusively following the process provided by the registration system;
(b) Ensuring, in real time during the whole duration of the flight,
the direct periodic broadcast from the unmanned aircraft using an open
and documented transmission protocol, of the following data, in a way
that they can be received directly by existing mobile devices within
the broadcasting range:
(1) the UAS operator registration number;
(2) the unique physical serial number of the unmanned aircraft
compliant with standard ANSI/CTA-2063;
(3) the geographical position of the unmanned aircraft and its
height above the surface or take-off point;
(4) the route course measured clockwise from true north and ground
speed of the unmanned aircraft; and
(5) the geographical position of the remote pilot or, if not
available, the take-off point.
(c) Ensuring that the user cannot modify the data mentioned under
paragraph (b)(2) through (5).

VI. Aviation Rulemaking Committee

On July 15, 2016, Congress passed the FAA Extension, Safety, and
Security Act of 2016 (Pub. L. 114-190). Pursuant to section 2202 of
that Act, the Administrator and the Secretary were tasked with
convening industry stakeholders to facilitate the development of
consensus standards for

[[Page 72457]]

remotely identifying operators and owners of UAS and associated
unmanned aircraft. As part of the standards development, the
Administrator was directed to consider: (1) Requirements for remote
identification of UAS; (2) requirements for different classifications
of UAS; and (3) the feasibility of the development and operation of a
publicly accessible online database of unmanned aircraft and operators,
and criteria for exclusion from the database.
To comply with the Congressional mandate, on May 4, 2017, the
Administrator chartered the Unmanned Aircraft Systems (UAS)
Identification (ID) and Tracking Aviation Rulemaking Committee (ARC)
(UAS-ID ARC) to inform the FAA on technologies available for remote
identification and tracking of UAS and to make recommendations for how
remote identification and tracking could be implemented.\42\ The FAA
charged the UAS-ID ARC with the following three objectives:
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\42\ The UAS-ID ARC was composed of 74 members representing
aviation community and industry member organizations, law
enforcement agencies and public safety organizations, manufacturers,
researchers, and standards bodies that are involved in the promotion
and production of UAS and in addressing security issues surrounding
the operation of UAS.
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Identify, categorize, and recommend available and emerging
technology for the remote identification and tracking of UAS.
Identify the requirements for meeting the security and
public safety needs of the law enforcement, homeland defense, and
national security communities for the remote identification and
tracking of UAS.
Evaluate the feasibility and affordability of available
technical solutions, and determine how well those technologies address
the needs of the law enforcement and air traffic control communities.
Develop evaluation criteria and characteristics for making decisions,
and rate the available technical solutions provided.
The Administrator was also tasked with submitting a report to
Congress regarding any standards developed and issuing regulations
based on the standards developed. On June 30, 2017, the Administrator
sent a letter to the Chairman of the Commerce, Science, and
Transportation Committee detailing the FAA's considerations and efforts
in supporting the development and implementation of Remote ID
standards.

A. ARC Recommendations Final Report

The members of the UAS-ID ARC were organized into working groups.
Working Group One (WG1) was tasked with identifying, categorizing, and
recommending available and emerging technologies for the remote
identification and tracking of UAS. WG1 identified and analyzed eight
viable technology solutions, falling into two broad categories: (1)
Direct broadcast solutions; and (2) network publishing solutions.\43\ A
detailed discussion of the eight viable technology solutions, as well
as tables summarizing WG1's analysis of those solutions can be found in
the ARC Recommendations Final Report (Recommendations Report),
available in the docket for this rulemaking.
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\43\ The eight viable technology solutions WG1 identified are:
(1) Automatic Dependent Surveillance Broadcast (ADS-B); (2) Low
Power Direct RF; (3) Networked Cellular; (4) Satellite; (5) SW-based
Flight Notification with Telemetry; (6) Unlicensed Integrated C2;
(7) Physical Indicator; and (8) Visual Light Encoding.
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Working Group Two (WG2) was tasked with identifying the
requirements for meeting the security and public safety needs of the
law enforcement, homeland defense, and national security communities
for the remote identification and tracking of UAS. WG2 identified two
general categories of UAS ID and tracking needs: (1) Incident
investigation; and (2) active monitoring of heightened awareness areas.
To achieve the goals of both categories, WG2 determined that all UAS
meeting certain threshold requirements would need to be tracked,
whether passively or actively, from commencement to termination of each
operation.\44\ WG2 further concluded that information regarding the
position of the aircraft, the location of the control station, and the
identity of the remote pilot would help maintain a safe and secure
environment for the general public and public safety officials.
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\44\ WG2 determined that UAS with either of the following
characteristics should be required to comply with remote
identification and tracking requirements: (1) Those that have the
ability to navigate between more than one point without direct and
active control of the pilot; or (2) those that have a range from
control station greater than 400 feet and real-time remotely
viewable sensor.
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The working groups presented their findings and conclusions to the
full UAS-ID ARC for consideration in making its recommendations. The
UAS-ID ARC submitted its Recommendations Report to the FAA on September
30, 2017. Although some decisions were not unanimous, the ARC reached
general agreement on many of its recommendations.\45\
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\45\ Appendix D of the ARC's Recommendations Report contains
dissenting opinions submitted by ARC members, as well as a chart
showing a breakdown of how ARC members voted on the final report.
The Recommendations Report is available in the docket for this
rulemaking.
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1. Applicability of Remote ID and Tracking Requirements
In its Recommendations Report, the ARC presented two options for an
applicability threshold for the ID and tracking requirements and
recommended the FAA give due consideration to both of those options.
Option 1: All UAS are required to comply with remote identification
and tracking requirements except under any of the following
circumstances:
The unmanned aircraft is operated within visual line of
sight of the remote pilot and is designed to not be capable of flying
beyond 400 feet of the remote pilot.\46\
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\46\ The ARC noted that it is not intending to encompass drone
racing at very low altitudes on a closed course that may be
authorized by operation, by location, or some other mechanism.
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The unmanned aircraft is operated in compliance with 14
CFR part 101, unless the unmanned aircraft:
[cir] Is equipped with advanced flight systems technologies that
enable the aircraft to navigate from one point to another without
continuous input and direction from the remote pilot.
[cir] Is equipped with a real-time downlinked remote sensor that
provides the remote pilot the capability of navigating the aircraft
beyond visual line of sight of the remote pilot.
The UAS is operated under ATC and contains the equipment
associated with such operations (including ADS-B, transponder, and
communication with ATC).
The UAS operation is exempt from ID and tracking
requirements by the FAA (e.g., for the purposes of law enforcement,
security or defense, or under an FAA waiver).
Option 2: UAS with either of the following characteristics are
required to comply with remote identification and tracking
requirements:
Ability of the aircraft to navigate between more than one
point without direct and active control of the pilot.
Range from control station greater than 400 feet and real-
time remotely viewable sensor.
The ARC also recommended that, regardless of which option for
applicability the FAA chooses, UAS operating under the following
circumstances be exempt from the remote identification and tracking
requirement:
The UAS is operated under ATC and contains the equipment
associated with such operations (including ADS-B, transponder, and
communication with ATC).
The UAS operation is exempt from ID and tracking
requirements by the

[[Page 72458]]

FAA (e.g., for the purposes of law enforcement, security or defense, or
under an FAA waiver).
The ARC further recommended the FAA do the following regarding the
applicability of remote identification and tracking requirements:
Include a waiver mechanism in the remote identification
and tracking rule.
Apply the remote identification and tracking requirements
to the remote pilot, not to the manufacturer of the UAS.
Require manufacturers to label their products to indicate
whether they are capable of meeting applicable remote identification
and tracking requirements.
Consider whether unmanned aircraft equipped with advanced
flight system technologies that are strictly for safety purposes and
that keep the aircraft within visual line of sight of the remote pilot,
such as a ``return to home'' feature, should be exempt from remote
identification and tracking requirements, provided the safety features
cannot be readily altered or reprogrammed.
Some ARC members objected to both of the applicability options
presented in the Recommendations Report, favoring instead a weight-
based threshold for applicability, with remote identification and
tracking requirements applying to any UAS or model aircraft weighing
250 grams or more. These members also argued that there should be no
exemption from the remote identification and tracking requirements for
unmanned aircraft operated in compliance with part 101 (i.e., model
aircraft).\47\
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\47\ Section 336 of Public Law 112-95, the underlying authority
for 14 CFR part 101 Subpart E- Special Rule for Model Aircraft, was
repealed by section 349 of the FAA Reauthorization Act of 2018,
Public Law 115-254.
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2. Method To Provide Remote ID and Tracking Information
The ARC recommended two methods for UAS to provide remote
identification and tracking information: (1) Direct broadcast; and (2)
network publishing to an FAA-approved internet-based database. With
regard to direct broadcast capabilities, the ARC recommended the FAA
adopt an industry standard for data transmission, which may need to be
created, to ensure unmanned aircraft equipment and public safety
receivers are interoperable, as public safety officials may not be able
to equip with receivers for all possible direct broadcast technologies.
With regard to network publishing, the ARC recommended that information
held by Third Party Providers (TPP) or UAS Service Suppliers (USS) be
governed by restrictive use conditions imposed on the TPP/USS related
to the use and dissemination of any data and information collected.
3. Tiered Approach to Remote ID and Tracking Requirements
The ARC recommended the following tiered approach to direct
broadcast and network publishing requirements:
Tier 1--Direct broadcast (locally) or Network publish: UAS
in this tier would be required to direct broadcast both ID and tracking
information so that any compatible receiver nearby can receive and
decode the ID and tracking data. If a network is available, network
publishing to an FAA-approved internet-based database satisfies this
requirement. A UAS would fall into Tier 1 if it does not qualify for an
exemption from remote identification and tracking requirements (exempt
UAS are referred to as Tier 0) and does not meet the conditions for
Tier 2 or Tier 3. For example UAS conducting most part 107 operations
would fit into Tier 1.
Tier 2--Direct broadcast (locally) and Network publish:
UAS in this tier would be required to broadcast (locally) ID and
tracking data and network publish ID and tracking data to an FAA-
approved internet-based database. An example of UAS that may fall into
Tier 2 would be UAS that are conducting waivered operations that
deviate from certain part 107 operating rules, and where the FAA
determines that Tier 2 ID and tracking are required as a condition of
the waiver.
Tier 3--Flight under part 91 rules: UAS in this tier would
have to adhere to the rules of manned aircraft as defined in 14 CFR
part 91. This tier is intended for aircraft that are integrated into
the manned aircraft airspace. An example of UAS that may fall into Tier
3 are those whose unmanned aircraft weighs above 55 pounds and
operating BVLOS, in IFR conditions, or operating in controlled
airspace.
4. Stages of Implementation of Remote ID and Tracking Rule
The ARC recommended the following three stages for implementing a
remote identification and tracking rule:
Pre-rule--Broaden UAS safety education efforts and
continue the UAS detection pathway research with industry stakeholders.
Before final rule is enacted--Work to scope standards
needed to enable direct broadcast and network publishing technologies
for implementing the remote identification and tracking requirement on
new equipment and existing equipment; ensure that standards for ID and
tracking technology move forward at a rapid pace; and work closely with
industry stakeholders on developing the ideal architecture for the PII
System.\48\
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\48\ The ARC report defines ``PII System'' as follows: ``PII
System includes processes and technology (direct broadcast or
network publishing) that enables approved users to associate UAS ID
with the FAA System of Records. This system would include the
database where remote pilot/owner/operator PII [personally
identifiable information] is housed for access by authorized
users.''
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After final rule enacted--Allow a reasonable grace period
to carry out retrofit of UAS manufactured and sold within the United
States before the final rule (with grace period ending) when retrofit
options are inexpensive and easy to implement.\49\
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\49\ The FAA notes that the ARC only discussed establishing a
grace period for implementation of remote identification. The ARC
did not discuss or address grandfathering of existing UAS.
---------------------------------------------------------------------------

5. Minimum Data Requirements for Remote ID and Tracking
The ARC recommended a set of minimum data requirements for remote
identification and tracking of UAS. Under the ARC's recommendation,
availability of the following types of data related to the unmanned
aircraft or associated control station would be required: (1) Unique
identifier of the unmanned aircraft; (2) tracking information for the
UAS; and (3) identifying information of the UAS owner and remote pilot.
Availability of the following types of data related to the unmanned
aircraft or associated control station would be optional: (1) Mission
type; (2) route data; and (3) operating status of the unmanned
aircraft. The ARC also recommended that the specific data elements to
be provided by the UAS operator should vary depending on the nature of
the operation. Finally, the ARC recommended that some data elements be
provided prior to flight (e.g., via the internet), while other data
elements be provided in real-time while the UAS is in flight.
6. ATC Interoperability
With respect to ATC interoperability with the remote identification
and tracking system, the ARC recommended the following:
The FAA should identify whether BVLOS operations would
routinely occur without an IFR flight plan, and if so, under what
operational conditions.
Any proposal for using ADS-B frequencies in the solution
for UAS ID and tracking would have to be analyzed for the impact on the
performance of current and future Secondary Surveillance Radar (SSR),
Airborne

[[Page 72459]]

Collision Avoidance System (ACAS), and ADS-B.
The UAS ID and tracking system should interoperate with
the ATC automation such that target information from the ID and
tracking ground system, including ID and position, can be passed to ATC
automation.
FAA automation should by default filter out UAS ID and
tracking system targets from the ATC display that fall outside of
adapted airspace deemed to be of interest to ATC.
FAA automation and the UAS ID and tracking system should
be able to display designated UAS targets of interest to ATC personnel.
7. Airports and Critical Infrastructure
The ARC recommended the FAA do the following related to airports
and critical infrastructure:
Incorporate implementation costs of critical
infrastructure facilities into rulemaking analysis.
Identify an approach and timeline to designating approved
technologies for airports and critical infrastructure facilities, and
address any legal barriers to implementing approved technologies.
Provide guidance to airports on any impact or interference
to safe airport operations including how UAS ID and tracking may impact
definition of UAS Facility Maps, security procedures, and risk
assessments of UAS operations.
8. Related Issues
Finally, the ARC identified related issues it determined could have
an impact on the implementation of effective UAS ID and tracking
solutions, and recommended the following for FAA's consideration:
Access to data related to direct broadcast and network
publishing--The FAA should implement three levels of access to the
information that is either broadcast or captured and contained in the
appropriate database: (1) Information available to the public (the
unmanned aircraft unique identifier); (2) information available to
designated public safety and airspace management officials (personally
identifiable information (PII)); and (3) information available to the
FAA and certain identified Federal, State, and local agencies (all
relevant tracking data).
PII--The United States government should be the sole
keeper of any PII collected or submitted in connection with new UAS ID
and tracking requirements.
Governmental UAS Operations--The remote identification and
tracking system should include reasonable accommodations to protect the
operational security of certain governmental UAS operations.

B. FAA Response to ARC Report

The ARC was tasked with considering both identification and
tracking of UAS; however, the ARC did not provide any specific
recommendations related to tracking of UAS. The FAA has developed this
proposed rule to require only the identification of UAS. Although the
FAA is not proposing any requirements related to the use of remote
identification information for tracking UAS, the FAA acknowledges that
third parties could potentially track UAS operations in the airspace of
the United States by developing systems that use information provided
to Remote ID USS or through broadcasts. Similar third party
applications exist today, such as FlightAware and Flightradar24, that
track and display information about manned aircraft operations in the
airspace of the United States.
Although there was general agreement that certain UAS operations
should be excluded from a remote identification requirement, the ARC
did not reach consensus on the applicability of such a requirement. The
ARC's two recommended approaches would have provided for significant
numbers of UAS without remote identification.\50\ The FAA believes that
there is a need to identify as many UAS as possible because a
comprehensive approach increases the usefulness of a remote
identification system. Moreover, some of the ARC's applicability
recommendation hinged on whether the UAS in question would have certain
sensor capabilities. After consideration, the FAA determined that the
sensor capabilities of a particular UAS should not be a factor in
determining whether the aircraft should have remote identification. UAS
without sensor capabilities can still be operated in a manner that may
pose a threat to public safety, national security, and the safety and
efficiency of the airspace of the United States and therefore the FAA
determined that this recommendation would not meet the objective of
this proposed rule. Accordingly, the FAA is proposing that the majority
of UAS should have remote identification, regardless of the sensors
installed on the unmanned aircraft. However, the FAA acknowledges that
remote identification is not necessary for certain UAS operations
conducted in an FAA-recognized identification area.
---------------------------------------------------------------------------

\50\ The ARC recommended the following options:
Option 1:
Except for those members who strongly favor a weight-based
threshold for applicability and those members who strongly oppose an
exemption for model aircraft operated in compliance with 14 CFR part
101 . . ., the ARC recommends that all UAS be required to comply
with remote ID and tracking requirements except under the following
circumstances:
1. The unmanned aircraft is operated within visual line of sight
of the remote pilot and is not designed to have the capability of
flying beyond 400' of the remote pilot.
2. The unmanned aircraft is operated in compliance with 14 CFR
part 101, unless the unmanned aircraft:
a. Is equipped with advanced flight systems technologies that
enable the aircraft to navigate from one point to another without
continuous input and direction from the remote pilot.
b. Is equipped with a real-time downlinked remote sensor that
provides the remote pilot the capability of navigating the aircraft
beyond visual line of sight of the remote pilot.
3. The UAS is operated under ATC and contains the equipment
associated with such operations (including ADS-B, transponder, and
communication with ATC).
4. The UAS operation is exempt from ID and tracking requirements
by the FAA (e.g., for the purposes of law enforcement, security or
defense, or under an FAA waiver).
Option 2:
Except for those members who strongly favor a weight-based
threshold for applicability . . ., the ARC recommends UAS with
either of the following characteristics must comply with remote ID
and tracking requirements:
1. Ability of the aircraft to navigate between more than one
point without direct and active control of the pilot.
2. Range from control station greater than 400' and real-time
remotely viewable sensor.
The ARC further recommends that UAS operating under the
following circumstances be exempt from the remote ID and tracking
requirement:
The UAS is operated under ATC and contains the
equipment associated with such operations (including ADS-B,
transponder, and communication with ATC).
The UAS operation is exempt from ID and tracking
requirements by the FAA (e.g., for the purposes of law enforcement,
security or defense, or under an FAA waiver).
---------------------------------------------------------------------------

The FAA acknowledges the dissenting opinion within the ARC
regarding using weight as the sole determinant of whether an unmanned
aircraft should be required to have remote identification. While an
exclusion to any remote identification requirement based on weight or
operational performance could make sense from a law enforcement and
security perspective, the same cannot be said from the perspective of
the overall safety of the airspace of the United States. Because remote
identification could be used in the near term to provide situational
awareness, and because remote identification would ultimately be a
foundational element of a UTM system, it is important for most UAS
operated in the airspace of the United States to comply with the remote
identification requirements.
The FAA does not believe that weight alone should be the
determining factor

[[Page 72460]]

for whether a UAS is required to comply with remote identification. UAS
may be used in a wide variety of types of operations that may present a
range of safety and security risks, regardless of the weight of the
unmanned aircraft. The FAA believes that the remote identification
requirement should be tied to the unmanned aircraft registration
requirement because the FAA, national security agencies, and law
enforcement agencies have a need to correlate remote identification and
registration data. If an unmanned aircraft is required to be
registered, or its owner chooses to register the unmanned aircraft,
then the UAS would have to comply with remote identification.
Accordingly, under current regulations unmanned aircraft weighing less
than 0.55 pounds would not be required to comply with the remote
identification requirements unless they are registered under part 47 or
part 48 (e.g., to comply with the operating requirements of part 91 or
part 107). Changes to the registration requirements in part 47 or part
48 (e.g., to require unmanned aircraft weighting less than 0.55 pounds
to register) would have a direct impact on which UAS would have to
comply with remote identification.
The FAA does not agree with the recommendation that model aircraft,
referred to throughout this proposal as limited recreational operations
for consistency with 49 U.S.C. 44809, should be excluded from the
remote identification requirements. Unmanned aircraft used in limited
recreational operations required to register under part 47 or part 48
would be subject to the proposed remote identification requirement. The
agency is, however, proposing a means for such aircraft to operate
without remote identification equipment. Under the proposed rule, UAS
would be permitted to operate without remote identification equipment
if they are operated within visual line of sight and within an FAA-
recognized identification area.
The FAA agrees with the ARC's recommendation for the methods of
transmission for the remote identification message elements. The FAA
agrees that requiring the broadcasting of messages directly from the
unmanned aircraft and the transmission of messages over the internet is
an appropriate approach because it provides a more complete picture of
unmanned aircraft in the airspace of the United States. Moreover, this
would support the development of UTM. Thus, the FAA proposes to require
both the broadcast of the message elements and their transmission
through the internet to a Remote ID USS for standard remote
identification UAS.
Regarding the ARC's recommendation for a tiered approach for remote
identification, the FAA agrees that some UAS, depending on their
capabilities, may meet the intent of this proposed rule by only
transmitting through the internet to a Remote ID USS. To accommodate
these types of UAS, the FAA is proposing that a limited remote
identification unmanned aircraft that is designed to operate no more
than 400 feet from its control station be required to transmit
information regarding the control station only. Standard remote
identification UAS would be required to broadcast and transmit the
remote identification message elements for both the unmanned aircraft
and the control station.
The ARC identified a range of 400 feet as the maximum distance that
an unmanned aircraft could be operated from its control station where a
law enforcement officer could reasonably locate and identify the
operator of the unmanned aircraft by visual means only. The FAA agrees
with the ARC determination that 400 feet is a reasonable distance for
visually associating an unmanned aircraft with the location of its
control station, and has included a 400-foot range limitation in the
requirements for limited remote identification UAS.
The FAA agrees with some of the ARC's recommendations related to
the transmission of message elements. Specifically, the FAA agrees that
a unique identifier should be broadcast or transmitted, as appropriate,
and be part of the unmanned aircraft's Certificate of Aircraft
Registration. The FAA also agrees that the location of the unmanned
aircraft and the control station should be broadcast or transmitted, as
appropriate. However, the FAA is not proposing for the identity of the
owner of the UAS to be included in the message elements, because the
message elements would generally be available to the public. The
message elements that the FAA is proposing are the minimum necessary to
achieve the FAA's safety and security goals while avoiding potential
privacy concerns. UAS owner information would still be available to the
FAA and law enforcement because the FAA would retain the ability to
correlate the unmanned aircraft's unique identifier with the unmanned
aircraft's registration information.
The ARC also recommended a number of message elements that could be
optionally transmitted. The FAA concurs with the ARC's recommendation
to include the emergency status of the UAS, which could include lost-
link or downed aircraft, as part of the remote identification message
elements, and therefore proposes to include it as a requirement of the
proposed rule. This proposed rule does not preclude broadcasting or
transmitting information, as appropriate in addition to the minimum
required message elements, although any additional message elements
would have to be incorporated as a part of an FAA-accepted means of
compliance.
The FAA disagrees with the ARC's recommendation that the
identifying information required to be transmitted would be based on
the type of operation. The FAA believes that all of the message
elements proposed should be broadcast or transmitted, as appropriate,
by a UAS from takeoff to landing, regardless of the type of operation
being conducted. By requiring the broadcast or transmission, as
appropriate, of all message elements from takeoff to landing, the FAA
is able to garner basic remote identification information that
contributes to the development and operation of comprehensive UTM and
ultimately enhances the safety and security of the airspace of the
United States.
The FAA agrees with the ARC that the UAS operator should be
responsible for ensuring that his or her UAS complies with the remote
identification requirements. Ultimately, it would be the operator's
responsibility to operate in compliance. That said, the FAA understands
that responsibility for meeting UAS design and production requirements
should not fall on UAS operators. Accordingly, the FAA is proposing
requirements for UAS producers to ensure that UAS are designed and
produced in a way that ensures reliable functionality of the remote
identification equipment with minimal additional responsibilities for
the UAS operator.
The FAA concurs with the ARC's recommendation that manufacturers
label UAS to indicate that they comply with the requirements being
proposed in this rule, and is proposing that all producers of standard
remote identification UAS and limited remote identification UAS label
their unmanned aircraft accordingly. The FAA believes that a labeling
requirement would communicate to prospective operators, after-market
purchasers, law enforcement, and other persons whether a UAS complies
with

[[Page 72461]]

the remote identification requirements.\51\
---------------------------------------------------------------------------

\51\ In addition to the ARC feedback, during the development of
this NPRM, the FAA received two letters specific to remote
identification of UAS, one from the Academy of Model Aeronautics and
the other from the Small UAV Coalition. Both letters provided their
respective organizations' views on the policies that the FAA should
propose in this rule. Neither of these letters were considered in
the development of this rule. Both letters have been placed in the
docket for this rulemaking.
---------------------------------------------------------------------------

VII. Terms Used in This Proposed Rule

The FAA is proposing to define a number of new terms to facilitate
the implementation of remote identification of UAS.
In part 1, definitions and abbreviations, the FAA is proposing to
add definitions of unmanned aircraft system, unmanned aircraft system
service supplier, and visual line of sight to Sec. 1.1.
The FAA is proposing that unmanned aircraft system (UAS) means an
unmanned aircraft and its associated elements (including communication
links and the components that control the unmanned aircraft) that are
required for the safe and efficient operation of the unmanned aircraft
in the airspace of the United States.
The FAA is proposing that unmanned aircraft system service supplier
means a person qualified by the Administrator to provide aviation-
related services to unmanned aircraft systems.
The FAA is proposing that visual line of sight means the ability of
a person manipulating the flight controls of the unmanned aircraft or a
visual observer (if one is used) to see the unmanned aircraft
throughout the entire flight with vision that is unaided by any device
other than corrective lenses.
The FAA recognizes that the term visual line of sight is already
used in part 107. The term is specifically described in Sec.
107.31(a). However, the FAA believes that providing a definition in
Sec. 1.1 would ensure that the term is used consistently throughout
all FAA regulations. Therefore, the FAA is proposing to use the
description of visual line of sight contained in Sec. 107.31, without
the part 107-specific regulatory requirements, as the basis for the
definition of the term visual line of sight in Sec. 1.1.\52\ To
account for the use of the term in proposed part 89 and the potential
use of the term in other parts of 14 CFR, the FAA is proposing to
include a slightly modified version of the description used in part
107. Part 107 remote pilots and visual observers would still be bound
by the specific provisions of Sec. 107.31 absent a waiver.
---------------------------------------------------------------------------

\52\ In relevant part, 14 CFR 107.31(a) describes visual line of
sight as with vision that is unaided by any device other than
corrective lenses, the remote pilot in command, the visual observer
(if one is used), and the person manipulating the flight control of
the small unmanned aircraft system must be able to see the unmanned
aircraft throughout the entire flight in order to: (1) Know the
unmanned aircraft's location; (2) Determine the unmanned aircraft's
attitude, altitude, and direction of flight; (3) Observe the
airspace for other air traffic or hazards; and (4) Determine that
the unmanned aircraft does not endanger the life or property of
another.
---------------------------------------------------------------------------

In Sec. 1.2, abbreviations and symbols, the FAA is proposing to
add the abbreviation USS to mean an Unmanned Aircraft System Service
Supplier.
The FAA is proposing to add a new part 89, Remote Identification of
Unmanned Aircraft Systems, to title 14, chapter I, subchapter F, Air
Traffic and General Operating Rules. In part 89, Sec. 89.1, the FAA is
proposing to include the following definitions:
Amateur-built unmanned aircraft system means an unmanned aircraft
system the major portion of which has been fabricated and assembled by
a person who undertook the construction project solely for their own
education or recreation.\53\
---------------------------------------------------------------------------

\53\ As currently proposed, amateur-built UAS would not include
unmanned aircraft kits where the majority of parts of the UAS are
provided to the operator as a part of the sold product.
---------------------------------------------------------------------------

Broadcast means to send information from an unmanned aircraft using
radio frequency spectrum.
Remote ID USS means a USS qualified by the Administrator to provide
remote identification services.

VIII. Applicability of Remote Identification Requirements

The FAA is proposing to require a new set of technologies, systems,
and guidelines for the remote identification of UAS. The proposal
includes requirements that apply to operators of UAS, requirements for
the development of means of compliance, and requirements that apply to
designers and producers of UAS.
The FAA is proposing to add a new part 89, Remote Identification of
Unmanned Aircraft Systems, to 14 CFR, chapter I, subchapter F, Air
Traffic and General Operating Rules. The operating requirements in
subpart B of part 89 would apply to persons operating unmanned aircraft
registered or required to be registered under part 47 or part 48. The
FAA is proposing to tie the remote identification requirements to the
registration requirements because the remote identification data
broadcast or transmitted from a UAS is meant to be correlated to the
registration data of such UAS. To facilitate the correlation of data,
the FAA proposes certain changes to the registration requirements in
parts 47 and 48, which are discussed in section IX of this preamble.
Specifically, the FAA proposes to revise part 48 to require the
individual registration of unmanned aircraft.\54\ The FAA also proposes
to require that all registrations of unmanned aircraft with remote
identification include the serial number assigned by the producer of
the unmanned aircraft. The serial number would be used to provide a
unique identity to each unmanned aircraft for remote identification
purposes.
---------------------------------------------------------------------------

\54\ Currently, 14 CFR part 48 allows owners with UAS operated
for limited recreational purposes to register multiple unmanned
aircraft under a single registration number.
---------------------------------------------------------------------------

The operating requirements of the proposed rule would also apply to
persons operating foreign civil unmanned aircraft in the United States
and to persons operating UAS exclusively within FAA-recognized
identification areas. The operating requirements of the proposed rule
would not apply to aircraft of the Armed Forces of the United States
because these aircraft are not required to be registered under part 47
or part 48.
The design and production requirements in subpart F of proposed
part 89 would apply to persons responsible for the design and
production of UAS produced for operation in the United States. The
design and production requirements would not, however, apply to the
following UAS, unless they are intentionally produced with remote
identification (i.e., a standard remote identification UAS or limited
remote identification UAS): amateur-built UAS and UAS of the United
States Government. Producers of UAS weighing less than 0.55 pounds
(current weight threshold for requirement to register) may, but would
not be required to, comply with the proposed remote identification
design and production requirements.
The FAA anticipates that industry stakeholders would develop means
of compliance (which may include consensus standards) that UAS
designers and producers would use to comply with the requirements of
this proposed rule. Any person or entity could submit a means of
compliance for acceptance by the FAA if it meets the requirements in
subpart D of proposed part 89.

IX. Changes to Registration Requirements

Under the proposed rule, persons operating unmanned aircraft
registered or required to be registered under part 47 or part 48, would
have to comply

[[Page 72462]]

with the remote identification requirements of proposed part 89. The
FAA is proposing to tie the remote identification requirements to the
registration of unmanned aircraft because the FAA and law enforcement
agencies need the ability to correlate remote identification
information with registration data to obtain more complete information
regarding the ownership of unmanned aircraft flying in the airspace of
the United States. Aircraft registration requirements are the
foundation for both identifying aircraft and for promoting
accountability and the safe and efficient use of the airspace of the
United States by both manned and unmanned aircraft. With limited
exceptions, all aircraft are required to be registered under part 47 or
part 48; therefore, nearly all UAS operating in the airspace of the
United States would have to comply with the remote identification
requirements, thereby enhancing the overall safety and efficiency of
the airspace of the United States.
Parts 47 and 48 of title 14 of the Code of Federal Regulations
implement the registration requirements codified in 49 U.S.C. 44101-
44103. Additional statutory requirements address the registration of
unmanned aircraft; specifically, 49 U.S.C. 44809(a)(8) requires
unmanned aircraft used in limited recreational operations to be
registered and marked in accordance with chapter 441 of Title 49 of the
United States Code. Furthermore, under 49 U.S.C. 44809(f), the
Administrator is not prohibited from promulgating rules relating to the
registration and marking of unmanned aircraft including unmanned
aircraft used in limited recreational operations.\55\
---------------------------------------------------------------------------

\55\ Section 336 of Public Law 112-95, which prohibited the FAA
from implementing new regulations on certain recreational UAS
operations, was repealed by section 349 of the FAA Reauthorization
Act of 2018, Public Law 115-254.
---------------------------------------------------------------------------

Under the current registration requirements, no person may operate
an unmanned aircraft in the airspace of the United States unless it has
been registered by its owner pursuant to part 47 or part 48, or unless
the aircraft is excepted from registration. There are two exceptions to
the registration requirements for unmanned aircraft: (1) Unmanned
aircraft of the Armed Forces of the United States; and (2) most
unmanned aircraft weighing 0.55 pounds or less on takeoff, including
everything that is on board or otherwise attached to the aircraft.
Small unmanned aircraft operating under 14 CFR part 91 and part 107 are
required to register under part 47 or part 48 regardless of weight.

A. Registration Under Part 47

Registration under part 47 is required for:
(1) Unmanned aircraft weighing 55 pounds or more;
(2) small unmanned aircraft intended to be operated outside of the
territorial airspace of the United States; and
(3) small unmanned aircraft registered through a trust or voting
trust (e.g., to meet U.S. citizenship requirements).
Registration under part 47 is available for:
(1) Any unmanned aircraft (including small unmanned aircraft) that
needs--or desires--an N-number registration (e.g., to operate outside
the United States); or
(2) when public recording is needed for unmanned aircraft-related
loans, leases, or ownership documents.
To register under part 47, the unmanned aircraft must not be
registered under the laws of a foreign country, and must be:
(1) Owned by a citizen of the United States;
(2) owned by an individual citizen of a foreign country lawfully
admitted for permanent residence in the United States;
(3) owned by a corporation not a citizen of the U.S. when the
corporation is organized and doing business under U.S. Federal or State
laws, and the aircraft is based and primarily used in the United
States; or
(4) owned by the U.S. Government, or a State, or local governmental
entity.
The registration process under part 47 is paper-based and commences
with the filing of an Aircraft Registration Application (AC Form 8050-
1) with the FAA Aircraft Registry. At a minimum, applicants must
provide evidence of ownership (e.g., a traditional bill of sale, a
contract of conditional sale, a lease with purchase option, or an heir-
at-law affidavit), provide a certification of eligibility for
registration, and pay a registration fee. Additional documentation may
be required, particularly for amateur-built aircraft and aircraft
imported from foreign jurisdictions. Additional information required
may include a builder certificate describing the type of aircraft and a
comprehensive description of the aircraft (e.g., make, model, serial
number, engine manufacturer, type of engine, number of engines, maximum
takeoff weight, and number of seats). Persons such as corporate
registrants, trustees, and non-citizen corporations must file
additional documentation evidencing their legal structures,
authorities, and related data that supports registration. Aircraft
previously recorded in foreign registries must file proof of
deregistration. In the case of amateur-built aircraft, either the owner
or builder must designate the aircraft model name and serial number.
Once an unmanned aircraft is registered, the FAA issues a
Certificate of Aircraft Registration (AC Form 8050-3) to the aircraft
owner. The FAA has clarified that, in the case of unmanned aircraft,
the Certificate of Aircraft Registration may be maintained at the
pilot's control station rather than on the unmanned aircraft and must
be made available for inspection upon request.\56\ The certificate
expires three years after date of issuance.\57\ A Certificate of
Aircraft Registration may be renewed by submitting a renewal
application and paying a renewal fee.
---------------------------------------------------------------------------

\56\ See Memorandum to John Duncan, from Mark W. Bury, Assistant
Chief Counsel for International Law, Legislation, and Regulations
(August 8, 2014).
\57\ Section 556 of the FAA Reauthorization Act of 2018 requires
the Administrator to initiate a rulemaking to increase the duration
of aircraft registrations for noncommercial general aviation
aircraft to 7 years.
---------------------------------------------------------------------------

Unmanned aircraft registered under part 47 must comply with the
identification and registration marking requirements in subparts A and
C of 14 CFR part 45. Under part 45, the aircraft must display certain
marks consisting of the Roman capital letter ``N'' (denoting U.S.
registration) followed by the registration number of the aircraft. The
N-number must be: (1) Painted on the aircraft or affixed to the
aircraft by some other permanent means; (2) have no ornamentation; (3)
contrast in color with the background; and (4) be legible.\58\
---------------------------------------------------------------------------

\58\ See 14 CFR 45.21(c).
---------------------------------------------------------------------------

B. Registration Under Part 48

Part 48 provides a web-based aircraft registration process for
small unmanned aircraft to facilitate compliance with the statutory
requirement that all aircraft register prior to operation.\59\ A small
unmanned aircraft weighing less than 55 pounds on takeoff, including
everything that is on board or otherwise attached to the aircraft, may
be registered under either part 47 or part 48.
---------------------------------------------------------------------------

\59\ See 80 FR 78593 (December 16, 2015).
---------------------------------------------------------------------------

Owners of small unmanned aircraft used in civil operations
(including commercial operations), limited recreational operations,\60\
or public aircraft operations, among others, are

[[Page 72463]]

eligible to register under part 48. Currently, unmanned aircraft may be
registered in one of two ways: (1) Under an individual registration
number issued to each aircraft; or (2) under a single registration
number issued to an owner of multiple unmanned aircraft used
exclusively for limited recreational operations.
---------------------------------------------------------------------------

\60\ This proposal uses the term ``limited recreational
operations'' when discussing registration requirements under part
48. Part 48 uses the term ``model aircraft'' to describe
recreational UAS operations. The FAA considers that model aircraft
under part 48 are consistent with the ``limited recreational
operations'' described in 49 U.S.C. 44809, therefore ``limited
recreational operations'' has been used throughout to ensure
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

If the owner of a small unmanned aircraft intends to use it at any
point for a purpose other than exclusively for limited recreational
operations as defined in 49 U.S.C. 44809, the owner must register that
aircraft individually and obtain a unique registration number for the
aircraft. The aircraft registration must include the: (1) Name of the
applicant; (2) applicant's physical address; (3) applicant's email
address; (4) aircraft manufacturer and model name; (5) aircraft serial
number, if available; and (6) any other information required by the
Administrator.
If the owner of multiple small unmanned aircraft intends to use the
aircraft exclusively for limited recreational operations, part 48
currently allows the owner to register once and to obtain a single
registration number that constitutes the registration number for all of
the owner's small unmanned aircraft. This means that multiple aircraft
may display the same registration number when the unmanned aircraft are
used exclusively for limited recreational operations. Applicants for a
single Certificate of Aircraft Registration for multiple unmanned
aircraft must provide: (1) The applicant's name; (2) the applicant's
physical address; (3) the applicant's email address; and (4) any other
information required by the Administrator. This option does not require
the applicant to provide the unmanned aircraft manufacturer, model, or
serial number.
Once an unmanned aircraft is registered, the FAA issues a
Certificate of Aircraft Registration, which contains a registration
number composed of multiple alphanumeric characters. A part 48
registration number is not the traditional N-number issued under part
47.
Small unmanned aircraft registered under part 48 may not operate
unless they display a unique identifier in a way that is readily
accessible and visible upon inspection of the aircraft. The unique
identifier must be either: (1) The registration number issued to an
individual or the registration number issued to the aircraft by the
Registry upon completion of the registration process; or (2) the small
unmanned aircraft serial number, if authorized by the Administrator and
provided with the application for Certificate of Aircraft Registration.
Most commonly, the unique identifier displayed is the FAA registration
number.

C. Issues With the Current Registration Requirements and Proposed
Changes

The current registration requirements do not provide for aircraft-
specific data of all aircraft, information fundamentally necessary for
remote identification, due to the differing requirements of parts 47
and 48.
Part 47 requires the individual registration of aircraft and the
submission of an aircraft's serial number as part of the application
for a Certificate of Aircraft Registration. These requirements are
consistent with the remote identification framework proposed in this
NPRM because the FAA would be able to correlate the aircraft-specific
registration data (i.e., serial number) obtained under part 47 to the
remote identification data which would have to be broadcast or
transmitted by unmanned aircraft under the current proposal. This is
not the case with the current registration requirements of part 48.
Currently, part 48 allows for registration of multiple unmanned
aircraft used exclusively for limited recreational operations under a
single Certificate of Aircraft Registration without requiring the
applicant to submit the aircrafts' serial numbers.\61\ This means that
the FAA has no aircraft-specific data for aircraft operated under a
single Certificate of Aircraft Registration. Second, part 48 requires
the provision of an unmanned aircraft's serial number, only if
available, and only if the aircraft is registered individually. This
means that the FAA does not have a data set that includes the serial
numbers of all unmanned aircraft registered under part 48 and cannot
correlate the registration data to the remote identification data which
would be broadcast or transmitted by unmanned aircraft under the
proposed rule. Thus, the FAA believes that the current registration
requirements of part 48 are not sufficient to support the remote
identification framework proposed in this NPRM.
---------------------------------------------------------------------------

\61\ As of November 25, 2019, are currently 1,081,329
recreational flyers registered under part 48--but because these
registrants do not currently register each individual UA the FAA
does not have administrative data on the number or type of
recreational UAs being flown. As a point of comparison, as of
November 25, 2019, under part 48 there are also 417,663 UAs
registered individually as non-model unmanned aircraft (largely part
107 operations).
---------------------------------------------------------------------------

A change to the registration requirements of part 48 is therefore
necessary to enable the FAA to gather all of the necessary data to
support the unique identification of unmanned aircraft registered under
part 48. The lack of aircraft-specific data for aircraft registered
under part 48 inhibits the FAA and law enforcement agencies from
correlating the remote identification data proposed in this rule with
data stored in the Aircraft Registry. Thus, the FAA proposes to revise
part 48 to require the individual registration of all small unmanned
aircraft and the provision of additional aircraft-specific data. Owners
of small unmanned aircraft would have to complete the registration
application by providing aircraft-specific information in addition to
basic contact information. This means that every small unmanned
aircraft registered under part 48 would need to have its own
Certificate of Aircraft Registration. To ease the financial burden on
operators who previously registered multiple model aircraft under a
single registration number, the FAA would explore ways to minimize the
registration fee when multiple aircraft are registered at the same
time.
Specifically, the proposed changes would include the removal of
Sec. Sec. 48.100(b) and 48.115, which currently allow small unmanned
aircraft used exclusively as a model aircraft to be registered under a
single Certificate of Aircraft Registration without unique identifying
information. Sections 48.100(a) and 48.110, which require unique
identifying information, would become the sole means for registration
under part 48 and would be revised to reflect all of the requirements
that apply to the individual registration of small unmanned aircraft
under part 48. Conforming changes would be made throughout part 48 to
reflect the removal of Sec. Sec. 48.100(b) and 48.115 and the
transition to a single form of registration under part 48.
The FAA believes the proposed revisions are necessary to implement
the remote identification framework because individual aircraft
registration under part 48 would allow the FAA to gather aircraft-
specific data that is essential for remote identification. Furthermore,
the proposed transition to an individual aircraft registration system
under part 48 would harmonize these requirements with the individual
aircraft registration requirements of part 47.

D. Proposed Changes to the Registration Requirements To Require a
Serial Number and Telephone Number as Part of the Registration Process

As discussed in section XII.C.1 of this preamble, this proposed
rule would require a unique identifier as part of the

[[Page 72464]]

message elements used to remotely identify UAS. A serial number is a
unique number assigned to an aircraft--typically at the time of
production--and does not change in case of a sale or transfer of
ownership. The proposed revision of part 48 would require the provision
of an unmanned aircraft's serial number at the time of registration.
This proposed requirement is essential for the remote identification
framework proposed in this NPRM. The serial number requirement would
enable the FAA to correlate the data broadcast or transmitted by the
UAS with the registration data in the Aircraft Registry to associate an
unmanned aircraft with its registered owner. The requirement would also
allow the FAA to distinguish one unmanned aircraft from another
operating in the airspace of the United States and would facilitate the
identification of non-registered unmanned aircraft flying in the
airspace of the United States, which may warrant additional oversight
or action by the FAA, national security agencies, or law enforcement
agencies.
There has been little to no standardization regarding the issuance
or use of serial numbers by UAS. The FAA believes that standardizing
the issuance and use of serial numbers is necessary to successfully
implement the remote identification requirements of the proposed rule.
The standardization of the issuance and use of serial numbers would
prevent a situation where two or more UAS are issued the same serial
number. Thus, the FAA is proposing to add a new Sec. 47.14 to require
the owners of standard remote identification unmanned aircraft and
limited remote identification unmanned aircraft registered under part
47 to list in the Certificate of Aircraft Registration the serial
number issued by the manufacturer of the unmanned aircraft in
accordance with the requirements of proposed part 89. According to the
manufacturing requirements in proposed Sec. 89.505, the serial number
would have to comply with the ANSI/CTA-2063-A serial number standard.
The FAA is also proposing to revise Sec. 48.100(a) to require a
serial number for every small unmanned aircraft. Consistent with the
proposed changes in part 47, Sec. 48.100(a)(5) would require the owner
of any standard remote identification unmanned aircraft or limited
identification unmanned aircraft to list in the Certificate of Aircraft
Registration the serial number issued by the manufacturer of the
unmanned aircraft in accordance with the production requirements of
part 89. Per the production requirements in proposed Sec. 89.505, such
serial number would have to comply with the ANSI/CTA-2063-A serial
number standard.
Owners of amateur-built unmanned aircraft would have to comply with
the serial number requirement in proposed Sec. 48.100(a)(5) if the
unmanned aircraft are designed and produced as standard remote
identification unmanned aircraft or limited identification unmanned
aircraft. The proposed revisions to Sec. 48.100(a) would also require
the owners of amateur-built unmanned aircraft to list in the
Certificate of Aircraft Registration a manufacturer and model name of
their choice.
Additionally, the FAA is proposing to update the registration
information requirements to include one or more telephone number(s) for
the applicant. Although registration data corresponds to the owner of
the unmanned aircraft rather than the operator, the FAA believes that
due to the nature and scope of most small UAS operations, it is
reasonable to expect a significant number of unmanned aircraft owners
to also be the operators of the aircraft or in close contact with the
operators of the aircraft. Requiring owners of unmanned aircraft to
provide their telephone number(s) as part of the registration process
would assist FAA and law enforcement to disseminate safety and
security-related information to the registrant in near real-time. This
additional information would be retained by the FAA and only disclosed
as needed to authorized law enforcement or Federal agencies.

E. Request for Comments Regarding Serial Number Requirements

The FAA acknowledges that some unmanned aircraft may not have
serial numbers that comply with the ANSI/CTA-2063-A serial number
standard. Some examples include unmanned aircraft manufactured prior to
the compliance date of the final rule that follows this notice of
proposed rulemaking (assuming the producer of the unmanned aircraft is
unable to modify the aircraft or push an upgrade to assign an ANSI/CTA-
2063-A compliant serial number), some amateur-built unmanned aircraft,
and foreign-built unmanned aircraft with no serial numbers or with
serial numbers that do not comply with ANSI/CTA-2063-A. Since these
unmanned aircraft do not comply with the remote identification
requirements for standard remote identification UAS or limited remote
identification UAS, the proposed rule requires their operation be
restricted to FAA-recognized identification areas. Accordingly, the FAA
has not imposed a requirement for the owners of such unmanned aircraft
to obtain an ANSI/CTA-2063-A compliant serial number and to list it in
the Certificate of Aircraft Registration or the Certificate of
Identification. The FAA welcomes detailed comments on whether and why
it should require the owners of UAS without remote identification to
have to obtain an ANSI/CTA-2063-A compliant serial number and to list
it in the Certificate of Aircraft Registration or the Certificate of
Identification and whether there would be any costs associated with
obtaining a compliant serial number. The FAA also welcomes comments on
whether the Agency should issue ANSI/CTA-2063-A compliant serial
numbers to such aircraft when registered or re-registered by their
owners.

F. Serial Number Marking

The FAA emphasizes that small unmanned aircraft owners are not
required to affix the serial number to the exterior of the aircraft.
However, nothing in the proposed regulation would preclude the owners
from choosing to do so. The FAA envisions that producers may mark the
exterior of unmanned aircraft with serial numbers that comply with the
ANSI/CTA-2063-A serial number standard, and that such serial numbers
could be used to meet the marking requirements of part 48, subpart C.
This could alleviate the need to mark each UAS with the registration
number. The FAA seeks specific comments on whether UAS producers should
be required to affix the serial number to the exterior of all standard
remote identification UAS and limited remote identification UAS. Please
explain why or why not and provide data to support your response.

X. Operating Requirements for Remote Identification

A. Requirement To Broadcast or Transmit

Under the proposed rule, no person would be able to operate a UAS
in the airspace of the United States unless the UAS has remote
identification capability meeting the requirements of this proposed
rule (i.e., a standard remote identification UAS or limited remote
identification UAS) or if the UAS has no remote identification
equipment but is otherwise identified by operating exclusively within
visual line of sight and within an FAA-recognized identification area.
The FAA is proposing to require all UAS with remote identification
to broadcast or transmit the appropriate remote identification message
elements from takeoff to landing. The agency is also proposing that no
person would be

[[Page 72465]]

able to operate a UAS with remote identification unless the UAS is
transmitting (for limited remote identification UAS) or transmitting
and broadcasting (for standard remote identification UAS) the
appropriate message elements. The remote identification message
elements are described in greater detail in section XII.C of this
preamble. Furthermore, the FAA proposes to prohibit the operation of
UAS with remote identification if the remote identification equipment
and functionality have been disabled without the authorization of the
Administrator.
UAS would have to comply with the remote identification
requirements in one of three ways, depending on the capabilities of the
UAS. To help operators determine whether a particular UAS has remote
identification, the FAA is proposing to require that all persons
responsible for the production of standard remote identification UAS
and limited remote identification UAS label the unmanned aircraft to
indicate whether the UAS complies with the remote identification
requirements of this proposed rule and whether the UAS is standard
remote identification or limited remote identification. A person would
therefore be able to determine what type of UAS they have and if it has
remote identification capability simply by visual inspection of the
unmanned aircraft.
1. Standard Remote Identification UAS
Standard remote identification UAS would be required to transmit
certain message elements through the internet to a Remote ID USS (an
FAA-qualified third party discussed in section XIV of this preamble)
and to broadcast the same message elements directly from the unmanned
aircraft using radio frequency spectrum in accordance with 47 CFR part
15, where operations may occur without an Federal Communications
Commission (FCC) individual license. These message elements would
include: The UAS Identification (either the unmanned aircraft's serial
number or session ID); latitude, longitude, and barometric pressure
altitude of both the control station and the unmanned aircraft; a time
mark; and an emergency status code that would broadcast and transmit
only when applicable.
A standard remote identification UAS would be required to broadcast
and transmit the remote identification message elements from takeoff to
landing. If the internet is available at takeoff, the standard remote
identification UAS would have to connect to the internet and transmit
the message elements through that internet connection to a Remote ID
USS and would also be required to broadcast the message elements
directly from the unmanned aircraft. If the internet is unavailable at
takeoff, the standard remote identification UAS would only be required
to broadcast the message elements directly from the unmanned aircraft.
If the internet is available, but the UAS cannot connect to a Remote ID
USS, the UAS would be designed such that it could not take off. This is
discussed in more detail in section XII.D.6 of this preamble.
The FAA is proposing to define ``broadcast'' as sending information
from an unmanned aircraft using radio frequency spectrum. Under the
proposed rule, only standard remote identification UAS would be able to
broadcast remote identification message elements. The reasons for
prohibiting limited remote identification UAS from broadcasting message
elements is explained in section XII.D.14 of this preamble.
A standard remote identification UAS that loses connection to the
internet or that can no longer transmit to a Remote ID USS after
takeoff would be able to continue its flight, as long as it continues
broadcasting the message elements. If a standard remote identification
UAS experiences an in-flight loss of broadcast capability, regardless
of whether it is connected to a Remote ID USS, the operator would have
to land the unmanned aircraft as soon as practicable. This is necessary
because a loss of the broadcast capability is an indication of a remote
identification equipment failure, whereas loss of connectivity to the
internet or a Remote ID USS could be attributed to unavailability of a
service outside the control of the UAS operator. In addition, a
functioning broadcast capability is necessary in order for remote
identification information to be available in areas that do not have
wireless internet connectivity. For example, during a BVLOS operation,
the unmanned aircraft could be operating over a rural area that does
not have wireless internet connectivity, but, through the command and
control link, the unmanned aircraft has connectivity with a control
station that is in turn connected to the internet and transmitting to a
Remote ID USS. If the unmanned aircraft is in a location that does not
have wireless internet connectivity, then for any local third-party
observers attempting to identify the unmanned aircraft the only
accessible source of remote identification information would be the
broadcast. To support compliance with this requirement, the FAA is
proposing that standard remote identification UAS have a monitoring
feature that would notify the person manipulating the flight controls
of the UAS if the broadcast capability was lost.
The FAA expects that the proposed design and production
requirements of this rule would facilitate a person's compliance with
the proposed operating requirements (e.g., transmission requirement).
The FAA intends for compliance with the remote identification
requirements to be simple and straightforward for individuals operating
UAS produced in accordance with a current FAA-accepted means of
compliance. For example, a standard remote identification UAS would
automatically transmit and broadcast the message elements and its
design would prevent it from taking off when the remote identification
capability is not functioning. Under this rule, the remote
identification capability would be considered not functioning when the
equipment does not work or is unable to perform its intended function
or when the remote identification message elements are not transmitted
or broadcast in accordance with the requirements of the proposed rule.
Under this proposed rule, all UAS with remote identification would be
designed and produced such that the remote identification functionality
is always enabled and cannot be disabled except as otherwise authorized
by the Administrator. UAS with remote identification would be designed
and produced to notify the person manipulating the flight controls of
the UAS of any remote identification malfunctions, failures, or
anomalies.
2. Limited Remote Identification UAS
Limited remote identification UAS are UAS that are designed and
produced such that the aircraft is not capable of operating more than
400 feet from the control station and cannot broadcast the remote
identification message elements identified in proposed Sec. 89.305 or
Sec. 89.315. Under the proposed rule, persons operating limited remote
identification UAS would be required to fly within visual line of sight
at all times. Limited remote identification UAS would be required to
connect to the internet and transmit the appropriate message elements
through that internet connection to a Remote ID USS. Unlike standard
remote identification UAS, if a limited remote identification UAS
cannot connect to the internet or transmit through an internet
connection to a Remote ID USS, the UAS would not be able to take off.

[[Page 72466]]

Again, unlike with standard remote identification UAS, if a limited
remote identification UAS loses connectivity to the Remote ID USS in
flight, the person manipulating the flight controls of the UAS would be
required to land as soon as practicable. The limited remote
identification UAS would not be able to continue its flight because it
cannot broadcast remote identification message elements.
A limited remote identification UAS is not permitted to broadcast
remote identification message elements using radio frequency spectrum
because the broadcast function is only applicable to standard remote
identification UAS. If remote identification broadcast capability is
added to a limited remote identification UAS, it would not have been
subject to the design and production requirements of this rule and
could result in erroneous, non-compliant, or incorrectly formatted
messages being broadcast, undermining the fundamental purposes of this
rule. However, the proposal does not prohibit designers, producers, or
operators from including a capability for limited remote identification
UAS to broadcast information or data unrelated to remote
identification, such as a camera feed or telemetry data.
The message elements for limited remote identification UAS would
include: The UAS Identification (either the unmanned aircraft's serial
number or session ID); latitude, longitude, and barometric pressure
altitude of the control station; a time mark; and an emergency status
code that would transmit only when applicable.
Table 4 provides a summary of the differences between standard
remote identification UAS and limited remote identification UAS.

Table 4--Summary of Differences Between Standard Remote Identification
UAS and Limited Remote Identification UAS
------------------------------------------------------------------------
Standard remote Limited remote
identification UAS identification UAS
------------------------------------------------------------------------
Message elements
------------------------------------------------------------------------
UAS Identification (serial YES............... YES.
number or session ID).
Unmanned aircraft:..............
Latitude and longitude, YES............... NO.
barometric pressure
altitude:
Control station:................
Latitude and longitude, YES............... YES.
barometric pressure
altitude:
A time mark identifying the YES............... YES.
Coordinated Universal Time
(UTC) time of applicability of
a position source output.
An indication of the emergency YES............... YES.
status of the UAS.
------------------------------------------------------------------------
Connectivity prior to takeoff
------------------------------------------------------------------------
Internet and Remote ID USS...... YES............... YES.
Broadcast....................... YES............... NO.
If, at takeoff, the UAS cannot Broadcast......... Do not take off.
connect to the internet.
If, at takeoff, the UAS is Do not take off... Do not take off.
connected to the internet, but
is not transmitting to a Remote
ID USS.
------------------------------------------------------------------------
In-flight loss of remote identification
------------------------------------------------------------------------
If, during flight, the UAS loses Broadcast......... Land as soon as
the connection to the internet practicable.
or stops transmitting to the
Remote ID USS.
If, during flight, the UAS loses Land as soon as N/A.
its ability to broadcast the practicable.
message elements.
------------------------------------------------------------------------
Range limitation
------------------------------------------------------------------------
Range limitation from control None; operation Limited to
station. would have to operations within
comply with all 400 feet of
other operating control station.
requirements.
------------------------------------------------------------------------
Broadcasting from the unmanned aircraft at any point
------------------------------------------------------------------------
Broadcast limitation............ Standard remote Limited remote
identification identification
unmanned aircraft unmanned aircraft
must broadcast cannot broadcast
remote remote
identification identification
message elements. message elements.
------------------------------------------------------------------------

3. UAS Without Remote Identification
Under the proposed rule, the vast majority of UAS would be required
to remotely identify. The FAA understands, however, that not all UAS
would be able to meet this requirement. For example, some UAS
manufacturers may be able to bring UAS produced before the compliance
date of this rule into compliance, but others might not. In addition,
certain amateur-built UAS might not be equipped with remote
identification equipment. The FAA is proposing operating rules in Sec.
89.120 to allow these aircraft to continue to operate without remote
identification equipment. A UAS that would not qualify as either a
standard remote identification UAS or a limited remote identification
UAS would only be allowed to operate under two circumstances. The first
circumstance is where the UAS operates within visual line of sight and
within the boundaries of an FAA-recognized identification area. An FAA-
recognized identification area is a defined geographic area where UAS
without remote identification can operate. In the proposed Sec.
89.120(a), the

[[Page 72467]]

phrase ``operated within an FAA-recognized identification area'' means
that both the unmanned aircraft and the person manipulating the flight
controls of the UAS would be required to be located within the FAA-
recognized identification area from takeoff to landing. FAA-recognized
identification areas are described in section XV of this preamble. Note
that this operating exception from remotely identifying only applies to
those UAS that do not have remote identification; anyone operating a
standard or limited remote identification UAS would continue to be
bound by the operating rules applicable to their UAS, even if he or she
is located inside an FAA-recognized identification area during the
flight.
The second circumstance in which a UAS that is not a standard
remote identification UAS or limited remote identification UAS could be
operated without remote identification is where the person operating
the UAS has been authorized by the Administrator to operate the UAS for
the purpose of aeronautical research or to show compliance with
regulations. In this context, the FAA would consider aeronautical
research to be limited to the research and testing of the unmanned
aircraft, the control systems, equipment that is part of the unmanned
aircraft (such as sensors), and flight profiles, or development of
specific functions and capabilities for the UAS. Under this provision,
producers and other persons authorized by the Administrator, would have
the ability to operate UAS prototypes without remote identification
exclusively for researching and testing the UAS design, equipment, or
capabilities. This provision does not extend to any other type of
research using a UAS.
Additionally, a person authorized by the Administrator would be
permitted to conduct flight tests and other operations to show
compliance with an FAA-accepted means of compliance for remote
identification, or airworthiness regulations, including but not limited
to flights to show compliance for issuance of type certificates and
supplemental type certificates, flights to substantiate major design
changes, and flights to show compliance with the function and
reliability requirements of the regulations.

B. Prohibition From Using ADS-B To Satisfy Remote Identification
Requirements

The FAA proposes to prohibit the use of ADS-B Out to meet remote
identification requirements in this rule. The FAA determined that both
the ADS-B message elements and the infrastructure required to receive
the ADS-B message elements are incompatible with the current need for
remote identification at lower altitudes. ADS-B does not provide
information regarding the location of a UAS control station. Thus, it
would not advance the FAA's need to associate a control station with
the actual unmanned aircraft it controls. Further, because ADS-B
receivers do not provide sufficient low altitude coverage, ADS-B Out
would not align well with the FAA's vision for the development of UTM.
Finally, the FAA determined that the use of ADS-B Out by UAS would
generate undue signal saturation and would create an overall safety
hazard for manned aircraft due to the potentially high numbers of UAS
which may be operating in the airspace at any given time. For these
reasons, the FAA is proposing in Sec. 89.125 to prohibit ADS-B Out
equipment from being used to comply with the remote identification
requirements of part 89.

C. Internet Availability and Transmission to a Remote ID USS

The FAA is proposing to require standard remote identification UAS
and limited remote identification UAS to connect automatically to the
internet, when available, and transmit remote identification message
elements through that internet connection to a Remote ID USS. The FAA
is also proposing a related performance requirement for standard remote
identification UAS and limited remote identification UAS to
continuously monitor the connectivity to the internet and the
transmission of remote identification message elements to a Remote ID
USS and notify the person manipulating the flight controls of the UAS
if that connection is lost or the UAS is no longer transmitting to the
Remote ID USS. Because of this proposed performance requirement for the
UAS, the person manipulating the flight controls of the UAS would be
aware at all times of whether the UAS was connected to the internet and
transmitting to a Remote ID USS.
The FAA believes an internet-based solution is appropriate, when
the internet is available, because the internet is the largest, most
multifaceted, and prevalent platform for data transmission. Under the
proposed rule, the internet would be considered available if cellular
or other forms of wireless internet connectivity such as Wi-Fi are
available in an operational area with sufficient signal strength to
maintain a connection between the UAS and the internet. UAS with remote
identification would automatically connect to the internet when it is
available, similar to how wireless devices, such as smart phones,
connect automatically to the internet when there is sufficient signal
strength and coverage.
If the internet is available but the operator's Remote ID USS is
not working, the operator would be required to either connect to
another Remote ID USS or the UAS would be restricted from taking off.
In the unlikely event that all Remote ID USS become unavailable at the
same time but the internet remains available, no standard or limited
remote identification UAS would be able to take off. The FAA assumes
this situation would be extremely unlikely. The FAA seeks public
comment on whether there are ways to address this extremely unlikely
situation within the framework of the rule as proposed.
After connecting to the internet, a standard remote identification
UAS or limited remote identification UAS must transmit the remote
identification message elements to a Remote ID USS. The FAA anticipates
that there will be some Remote ID USS available to the general public
and that others will be private. Under the proposed rule, a Remote ID
USS would be considered available as long as that Remote ID USS
provides remote identification services to the general public at the
time the standard remote identification UAS or limited remote
identification UAS is being operated. A private or restricted access
Remote ID USS would be considered available only to UAS operators who
receive remote identification services from that Remote ID USS. For
example, if Company ABC sets up a private Remote ID USS to provide
remote identification services exclusively to its fleet of UAS, then
the private Remote ID USS would only be available to the UAS operators
of Company ABC. In comparison, if Company XYZ sets up a Remote ID USS
that can be accessed by the general public for remote identification
services, then Company XYZ's Remote ID USS would be considered
available to all operators of UAS flying in the airspace of the United
States, irrespective of whether that access requires a monetary cost.
The FAA is not proposing to establish specific requirements regarding
Remote ID USS business models, (e.g., charging fees, requiring user
agreements, and requiring information from Remote ID USS users). The
FAA believes that operators will choose a Remote ID USS that best meets
their operational needs. The FAA further discusses some of its
assumptions related to Remote ID USS business models in the
accompanying

[[Page 72468]]

Regulatory Impact Analysis, where it assumes (while acknowledging
significant uncertainty) the average publicly available Remote ID USS
will charge $2.50 as a monthly subscription ($30 annually) cost to
users of its service.

D. In-Flight Loss of Connectivity With a Remote ID USS or Loss of
Functionality

The FAA foresees situations where the person manipulating the
flight controls of a UAS would need to receive an indication that the
connection to a Remote ID USS has been lost mid-flight. Under this
proposal, standard remote identification UAS would be produced with the
capability to both connect to the internet and, through that
connection, transmit to a Remote ID USS and to broadcast. The broadcast
capability provides continuous remote identification information and
continues to provide remote identification when connectivity to the
internet is lost or the unmanned aircraft is no longer transmitting to
a Remote ID USS. If the connection to the internet or to a Remote ID
USS is lost after takeoff, the person manipulating the flight controls
would be allowed to continue operating the UAS as long as it is still
broadcasting the remote identification message elements. If, however, a
standard remote identification UAS loses its ability to broadcast the
message elements, the person manipulating the flight controls of the
UAS would be required to land the unmanned aircraft as soon as
practicable. This is necessary because a loss of the broadcast
capability is an indication of a remote identification equipment
failure.
Because limited remote identification UAS cannot broadcast remote
identification message elements, if the UAS loses connection to the
internet or to a Remote ID USS, then the person manipulating the flight
controls would have to land the unmanned aircraft as soon as
practicable. The FAA considers this to be the safest course of action
given that these operations would be conducted within visual line of
sight and no more than 400 feet from the person manipulating the flight
controls of the UAS.
Should the UAS remote identification equipment experience a loss of
functionality or malfunction in flight, the FAA proposes in Sec. Sec.
89.110(b) and 89.115(b) to require the person manipulating the flight
controls of the UAS to land as soon as practicable. The FAA does not
define the phrase ``land as soon as practicable'' and expects that the
person manipulating the flight controls of the UAS will take steps to
land in a safe manner. For instance, if the aircraft is still within
visual line of sight, the safest option may be to keep the aircraft
within sight to avoid other aircraft and return to the departure point.
For a standard remote identification UAS operating BVLOS, the safest
way to land may be to continue to the intended destination.

E. Valid Declaration of Compliance

The FAA is proposing to require persons responsible for the
production of UAS with remote identification to declare that the UAS
meet the minimum performance requirements of the proposed rule using an
FAA-accepted means of compliance by submitting a declaration of
compliance for acceptance by the FAA. A declaration of compliance is a
document submitted to the FAA by the person responsible for the
production of UAS with remote identification. It includes information
required by the FAA to determine whether the person and the UAS comply
with the remote identification requirements of the rule. The FAA is
proposing in Sec. Sec. 89.110(c)(1) and 89.115(c)(1) to prohibit a
person from operating a UAS with remote identification unless its
serial number is identified on an FAA-accepted declaration of
compliance. The FAA would provide a list of all FAA-accepted
declarations of compliance on its website to notify the public when its
acceptance of a declaration of compliance is valid. The website would
also identify declarations of compliance that have been rescinded.
Section XIII.E.3 of this preamble discusses the rescission of a
declaration of compliance.

F. Foreign Registered Civil Unmanned Aircraft Operated in the United
States

In Sec. 89.101(b), the FAA is proposing to apply the operational
requirements of part 89 to persons operating foreign civil unmanned
aircraft in the United States. These persons would have to comply with
the remote identification requirements in Sec. 89.105, which means
that these persons would only be able to operate foreign civil unmanned
aircraft in the United States that qualify as standard remote
identification UAS, limited remote identification UAS, or that have no
remote identification equipment but are operated within an FAA-
recognized identification area.
The FAA must be able to correlate the remote identification message
elements transmitted or broadcast by foreign civil unmanned aircraft
operated in the United States against information that helps FAA and
law enforcement identify a person responsible for the foreign civil
unmanned aircraft. Where unmanned aircraft are registered in a foreign
jurisdiction, the FAA may not have access to information regarding the
unmanned aircraft or its registered owner. Thus, the FAA is proposing
in Sec. 89.130(a) to allow a person to operate foreign-registered
civil unmanned aircraft in the United States only if the person submits
a notice of identification to the Administrator. The notice would
include the following information to allow the FAA to associate an
unmanned aircraft to a responsible person:
(1) The name of the operator and, for an operator other than an
individual, the name of the authorized representative providing the
notice.
(2) The physical address of the operator and, for an operator other
than an individual, the physical address for the authorized
representative. If the operator or authorized representative does not
receive mail at a physical address, a mailing address must also be
provided.
(3) The physical address of the operator in the United States
(e.g., hotel name and address).
(4) One or more telephone number(s) where the operator can be
reached while in the United States.
(5) The email address of the operator or, for an operator other
than an individual, the email address of the authorized representative.
(6) The aircraft manufacturer and model name.
(7) The serial number of the aircraft.
(8) The country of registration of the aircraft.
(9) The registration number of the aircraft.
Once a person submits a notice of identification, the FAA would
issue a confirmation of identification. Under Sec. 89.130(c), a person
operating a foreign-registered unmanned aircraft in the United States
would have to maintain the confirmation of identification at the UAS'
control station and would have to produce it when requested by the FAA
or a law enforcement officer.
As specified in proposed Sec. 89.130(b)(2), the filing of the
notice of identification and the issuance of a confirmation of
identification would not have the effect of U.S. aircraft registration.
The issuance of a confirmation of identification would not exempt
any person from having to obtain the appropriate safety authority
issued by the FAA or economic authority issued by the Department of
Transportation \62\ prior to conducting unmanned aircraft

[[Page 72469]]

operations in the airspace of the United States, if required for their
particular operations.
---------------------------------------------------------------------------

\62\ https://www.faa.gov/uas/resources/foreign_operators/.
---------------------------------------------------------------------------

Lastly, under proposed Sec. 89.130(d), the holder of a
confirmation of identification would have to ensure that the
information provided under proposed Sec. 89.130(a) remains accurate
and is current prior to operating a foreign registered civil unmanned
aircraft system in the United States.

G. Example Operating Scenarios

The FAA is providing these notional scenarios to provide examples
of how the FAA envisions the proposed rule would apply to certain
common situations.
1. Subscribing to a USS
Kim decides to give her daughter Emily a UAS for her birthday.
Emily, excited to finally have her own UAS, eagerly unwraps the package
so she can begin taking aerial selfies. Under FAA rules, Emily's drone
must be registered and therefore comes with remote identification. The
UAS will not take off unless it is connected to a Remote ID USS. In
order to comply with the remote identification requirement, Kim
researches FAA-qualified Remote ID USS on the FAA's website and decides
to subscribe to Alpha USS, Inc. Emily's UAS was designed to pair with
her smartphone and connect to the Remote ID USS through her
smartphone's internet connection. After Emily's UAS connects to Alpha
USS, she is able to start using her drone to take selfies.
2. Operating a Standard Remote Identification UAS
Patty has a photography business and has decided to purchase a UAS
to take aerial photos for weddings and other events. She researched
different types of UAS and their capabilities and determined that she
needs a UAS that can operate more than 400 feet from its control
station. Patty decides to buy a standard remote identification UAS.
Because the UAS has standard remote identification, it is designed to:
(1) Connect to the internet and transmit the remote identification
message elements through that internet connection to a Remote ID USS;
and (2) broadcast the same message elements directly from the unmanned
aircraft.
Patty sees that the UAS she wants to buy has a label that says it
is a standard remote identification UAS. Regardless, Patty checked the
FAA's website to confirm that the UAS she is buying has a valid FAA-
accepted declaration of compliance. Because the UAS was listed on the
FAA website, the UAS meets the requirements of part 89. Patty intends
to operate her UAS for business purposes, so the operations are subject
to the operating rules in 14 CFR part 107, which require her to
register the unmanned aircraft with the FAA. Patty goes online to the
FAADroneZone \63\ website, applies for, and is issued a Certificate of
Aircraft Registration under part 48. As part of the application
process, Patty submits her unmanned aircraft's serial number. Because
Patty is required to register her unmanned aircraft under part 48, she
is subject to the remote identification operating requirements in part
89.
---------------------------------------------------------------------------

\63\ https://faadronezone.faa.gov.
---------------------------------------------------------------------------

Patty then subscribes online to Alpha, Inc., an FAA-qualified
Remote ID USS. Her UAS is designed to connect to the internet by
automatically pairing with her personal smart phone when the phone is
running an application provided by Alpha USS. Each time Patty uses her
UAS, it automatically transmits the standard remote identification UAS'
remote identification message elements through that internet connection
to Alpha USS. Patty chooses to use her unmanned aircraft's serial
number for the UAS Identification message element, but in the future,
she may instead choose to use a session ID assigned by Alpha USS.
Sometimes, Patty's UAS loses its internet connection while she is
operating in rural areas; she can continue the operation as long as the
unmanned aircraft is still broadcasting the remote identification
message elements. During one operation, Patty's UAS indicated that, due
to a malfunction, the unmanned aircraft was no longer broadcasting the
message elements, at which point she landed the unmanned aircraft as
soon as practicable.
During a different operation, Patty's UAS attempts to connect to
Alpha USS at the time of takeoff, but Alpha's remote identification
service is unavailable because Alpha's server is down. Patty's UAS can
still connect to the internet through her smart phone and she discovers
that an alternate FAA-qualified Remote ID USS, Bravo, Inc., is
available. Patty's UAS connects to Bravo, Inc. and is able to fly her
UAS. Patty's subscription with Alpha USS provides for a ``roaming''
feature that allows her to connect to other available USS free of
charge so she can have uninterrupted service. If her subscription did
not provide this roaming feature, Patty would have had to pay any
associated fees directly to Bravo. This is because if any Remote ID USS
is available, even if it is not the one she contracted with, her UAS is
designed to connect to it through the internet. As long as she can
connect to the internet, it is incumbent on Patty to connect to a USS.
Only when the UAS cannot connect to the internet would the unmanned
aircraft be able to take off while only broadcasting.
On another occasion, Patty is unable to connect to Alpha, Inc. at
the time of takeoff due to a disruption in Alpha's service, but Bravo
is also experiencing problems. There are no other publicly available
Remote ID USS. Because Patty's UAS is designed not to take off when it
has access to the internet but is not connected to a Remote ID USS, her
unmanned aircraft would not take off. Her service would be interrupted
until Alpha, Bravo, or another publicly available USS became
available.\64\
---------------------------------------------------------------------------

\64\ Practically speaking, the FAA anticipates that there will
be many more than two publicly available USS and this scenario under
which all USS would be simultaneously unavailable should not occur
except in the rarest of circumstances.
---------------------------------------------------------------------------

3. Operating a Limited Remote Identification UAS
Charlie purchases a used UAS that looks like a spaceship. The UAS
weighs more than 0.55 pounds and he intends to operate it outside his
house for recreational purposes, such as filming his daughter's soccer
games and entertaining his sons who love science fiction movies. The
person who sold Charlie the UAS assures him it is remote identification
compliant. Because the company responsible for production of the UAS
was required to label the unmanned aircraft to indicate that it is
remote identification compliant, Charlie is able to confirm the
seller's assurance by reading the label affixed to the aircraft.
Charlie's UAS is a ``limited remote identification UAS,'' which means
it is designed and produced to operate no more than 400 feet from its
control station and cannot broadcast remote identification message
elements. Under part 89, he is only allowed to operate his limited
remote identification unmanned aircraft within visual line of sight.
Prior to his purchase, Charlie visits the FAA's website and confirms
that his UAS has an FAA-accepted declaration of compliance. After the
previous UAS owner de-registers the unmanned aircraft as required by
Sec. 48.105(b)(2), Charlie goes online to the FAADroneZone website,
applies for, and is issued a Certificate of Aircraft Registration under
part 48. During the registration process, he provides the UAS
manufacturer name, the model name, and the aircraft's manufacturer-
issued serial number.
Because Charlie is required to register his unmanned aircraft, he
is also subject

[[Page 72470]]

to the remote identification operating rules in part 89. This means
that before Charlie can start to use the UAS, he must subscribe to a
USS. He subscribes to Bravo, Inc., an FAA-qualified Remote ID USS and
opts to use the unmanned aircraft's serial number for the UAS
Identification message element. Charlie's UAS is designed to pair with
his smartphone to transmit the remote identification message elements
through an internet connection to a USS. Because Charlie's UAS cannot
broadcast remote identification message elements, it does not function
unless his smartphone is connected to the internet and transmitting
through that internet connection to Bravo USS. If Charlie's UAS loses
its connection to either the internet or is unable to transmit to Bravo
USS in the middle of an operation, he would be required to land the
aircraft as soon as practicable. Charlie may take off again as soon as
his UAS reestablishes its connection to the internet and can transmit
to a Remote ID USS.
4. Operating a UAS Without Remote Identification
Linus wants to fly a UAS without remote identification that he
assembled at home from parts he bought at a hobby shop a few years ago.
He uses his unmanned aircraft exclusively as a model aircraft. Since he
registered his unmanned aircraft in 2018, before the effective date of
the remote identification rule, he was not required to provide any
specific information about the aircraft, such as the serial number.
Linus's aircraft registration expires in 2021, and he will renew the
registration of his unmanned aircraft on the FAADroneZone website. At
that time, he would have to submit the unmanned aircraft's manufacturer
and model name as part of the registration process. Because Linus built
his own UAS, he plans to use his own name as the manufacturer and use a
model number of his choosing.
Because his UAS does not have any remote identification
capabilities, Linus knows he may only operate it within an FAA-
recognized identification area. Linus is a member of the Arizona
Amateur Modelers (AAM) organization, which has an FAA-recognized
identification area near his home. He found information about AAM's
FAA-recognized identification area at the FAA website and has agreed to
AAM's terms and conditions for operating within the FAA-recognized
identification area. While operating there, Linus makes sure that both
he and the unmanned aircraft physically stay within the boundaries of
the FAA-recognized identification area. Linus operates the unmanned
aircraft within visual line of sight and in accordance with any
applicable operational rules and site-specific safety guidelines.
5. Flying in an FAA-Recognized Identification Area
Scenario 1: Linus owns another UAS which is a standard remote
identification UAS and wants to operate it at AAM's FAA-recognized
identification area. Since his second UAS is a standard remote
identification UAS, even when operating within the boundaries of the
FAA-recognized identification area, he is still required to ensure that
the standard remote identification UAS transmits the applicable remote
identification message elements through an internet connection to a
Remote ID USS and broadcasts directly from the unmanned aircraft. The
remote identification requirements for Linus are no different inside or
outside of the FAA-recognized identification area when he is operating
a UAS with remote identification.
Scenario 2: Linus owns a third UAS--this one a limited remote
identification UAS--which was given to him as a birthday present. He
decided he would try out his new limited remote identification UAS
after he finished posting on his blog. While working on his computer,
there was a massive power outage that took out all communications in
the city. Since Linus lost connection to the internet in both his
computer and mobile phone, he decided he would go fly his limited
remote identification UAS at the nearby FAA-recognized identification
area until the internet came back and he could finish working on his
blog. When Linus arrived at the FAA-recognized identification area, he
took out the limited remote identification UAS from its box, turned it
on, and attempted to fly. The limited remote identification UAS did not
lift off. Linus realized that he was going to have to go back home to
get his standard remote identification UAS or his UAS with no remote
identification capabilities. Even though he was at an FAA-recognized
identification area, he would not be able to fly his limited remote
identification UAS because the limited remote identification UAS cannot
broadcast remote identification message elements and was produced to
meet requirements that prevent it from taking off when it cannot
connect to the internet and transmit to a Remote ID USS. Linus will be
able to operate his limited remote identification UAS at the FAA-
recognized identification area or elsewhere when the connection to the
internet is reestablished and his limited remote identification UAS is
able to transmit to a Remote ID USS.
Scenario 3: Sam is cleaning out his closet and finds a UAS that he
bought a number of years ago. The UAS was purchased before the remote
identification rule went into effect and the unmanned aircraft weighs 1
pound. He remembers registering the unmanned aircraft, but knows it
does not have remote identification. Sam is aware that some older UAS
manufactured without remote identification could receive a software
update that makes them remote identification compliant. He checks the
UAS manufacturer's website, but unfortunately his model of UAS is not
eligible for an update. Because Sam's unmanned aircraft is required to
be registered and does not have remote identification, Sam can only
operate it at an FAA-recognized identification area.

XI. Law Enforcement Access to Remote Identification and Registration
Information

In addition to aiding the FAA in its civil enforcement of FAA
regulations, the FAA anticipates that with the implementation of the
proposed remote identification requirements, law enforcement and
national security agencies would find the remote identification
information useful for criminal enforcement, public safety, and
security purposes. There are over 18,000 law enforcement and security
agencies across the United States, many of which would seek access to
remote identification information to respond to emerging threats or as
part of an investigation.
The FAA envisions it would facilitate near real-time access to the
remote identification message elements (paired with certain
registration data, when necessary) for accredited and verified law
enforcement and Federal security partners. The information could be
used to identify and possibly contact the person manipulating the
flight controls of a UAS in response to potentially unsafe or nefarious
UAS activities. Potential scenarios include local law enforcement or
Federal agencies seeking information in response to nuisance calls from
private citizens or large crowd event managers; UAS at emergency scenes
(e.g., fires, motor vehicle accident scenes); critical infrastructure
protection; UAS around airports; and manned aircraft encounters with
UAS. Law enforcement agencies would be able to access remote
identification information in near real-time and also access remote
identification information maintained by Remote ID USS.

[[Page 72471]]

Remote identification would assist in providing law enforcement and
security agencies with important information about the UAS in real
time, including the location of the control station and therefore the
location of the person manipulating the flight controls of the UAS.
This information would better enable law enforcement to immediately
find the location of the person manipulating the flight controls of a
UAS and help with preliminary threat discrimination. In addition, when
correlated with registration information, remote identification of UAS
also would enable law enforcement officers to determine some
information about who the UAS' owner is before engaging the person
manipulating the flight controls of a UAS directly. Once located, a law
enforcement officer can speak with the person manipulating the flight
controls of a UAS to gain potential insight into his or her intentions
and allow the officer to either educate the person manipulating the
flight controls of a UAS or begin an investigation. Although remote
identification of UAS may not deter nefarious actors, it would allow
the swift interdiction of the clueless and careless persons
manipulating the flight controls of UAS and shift law enforcement and
security partners' UAS protection efforts to the truly nefarious
actors. This information would also aid in any subsequent criminal or
civil enforcement action.
Remote identification information, when correlated with UAS
registry information, would inform law enforcement officers about two
essential factors: Who registered the UAS, and where the person
manipulating the flight controls of a UAS is currently located. This is
particularly relevant to a law enforcement officer's decision on
whether use of force would be appropriate. Law enforcement officials
have made clear that it can be very difficult to make a decision about
the potential intent of a person manipulating the flight controls of a
UAS with the limited information available from visually observing a
UAS. Remote identification information would enable better threat
discrimination, an immediate and appropriate law enforcement response,
and a more effective follow-on investigation.
As part of this NPRM, the FAA has conducted a Privacy Impact
Assessment. The PIA found the NPRM requirements that affect privacy
include, among others, the registration of the UAS with the FAA, the
transmission of data from the UAS to Remote ID USS, and the broadcast
of data from standard remote identification UAS to any person capable
of receiving broadcasts. As noted elsewhere in this NPRM, the FAA
anticipates that the message elements related to any standard remote
identification UAS or limited remote identification UAS are publicly
available information and may be accessed by any person able to receive
a broadcast or who has access to a Remote ID USS. Currently, the FAA
restricts access to information contained in its small unmanned
aircraft registration system; the FAA is not proposing to change the
restrictions regarding that information.
The PIA discusses the information proposed to be collected and the
uses of that information. The PIA points to several mitigation
strategies including: limiting collection to only relevant and
necessary personally identifiable information (PII), limiting the use
of PII to the specific purpose for which it was collected, using
security measures to protect PII collected, notifying individuals of
collection practices prior to collection, and the voluntary nature of
all PII submitted. Additionally, the FAA would enter into contractual
agreements with the Remote ID USS including directions for the use,
protection, and storage of the data. Section XIV discusses the data
security requirements the FAA intends to impose upon FAA-qualified
Remote ID USS. Although the message elements themselves would be
publicly accessible information, the ability to cross-reference that
information with registry data would not be publicly available and
would be limited to the FAA and law enforcement for security purposes.
A copy of the draft PIA is posted in the docket for this
rulemaking.\65\
---------------------------------------------------------------------------

\65\ Upon finalization, PIAs are posted on the Department of
Transportation's Privacy Program page, available at https://www.transportation.gov/individuals/privacy/privacy-impact-assessments#Federal%20Aviation%20Administration%20(FAA).
---------------------------------------------------------------------------

The following paragraphs provide notional scenarios regarding how
the FAA envisions the proposed rule would apply to law enforcement
agents.
Lucy is a sheriff's deputy in Boone County, Montana, and is
assigned to provide a law enforcement presence at an outdoor concert.
At one point during the event, Lucy observes an unmanned aircraft
circling above the crowd. She opens an application (app) for law
enforcement \66\ on her smartphone, which identifies the UAS and
indicates that the UAS operator is located 90 feet away from where she
is standing. She approaches a man holding a UAS controller who appears
to be operating the UAS. The UAS operator tells her he is filming the
crowd for the purposes of creating and selling a video of the event.
Lucy's app informs her that the unmanned aircraft is not registered.
Through the conversation, Lucy learns that the person manipulating the
flight controls of the UAS is unaware of the rules for operating
unmanned aircraft over people. She also discovers that the person
manipulating the flight controls of the UAS does not hold an FAA remote
pilot certificate. Based on the information available to Lucy, she
requests that the person manipulating the flight controls of the UAS
land the UAS in a manner that ensures the safety of the concert
audience. After the unmanned aircraft lands, she collects the pilot's
information, takes appropriate local law enforcement action, and
forwards the information to the FAA for appropriate action.
---------------------------------------------------------------------------

\66\ The FAA anticipates that in the future, third parties may
develop mobile phone applications for law enforcement use.
---------------------------------------------------------------------------

In another scenario, Officer Schroeder, a law enforcement officer
working at a national security facility, sees a UAS operating near a
protected area of the facility that is not transmitting any remote
identification information. He knows this because he has an internet-
connected tablet computer with an application developed for law
enforcement that displays remote identification information for UAS
operating nearby. Because the UAS is not transmitting any remote
identification information, he is unable to access information that
could identify the UAS and indicate the location of the person
manipulating the flight controls of the UAS. He visually scans an area
on the ground below where the UAS is operating but does not see anyone
that could be the person manipulating the flight controls of the UAS.
After completing his risk assessment, Officer Schroeder determines the
UAS is a potential threat and takes action in accordance with his
agency's procedures.
On a different occasion, Officer Schroeder is alerted to the
presence of a UAS near the same protected area of the facility because
the UAS is transmitting remote identification information in accordance
with FAA regulatory requirements. Officer Schroeder is able to identify
the UAS and sees the location of the person manipulating the flight
controls of the UAS on a tablet computer. The serial number being
transmitted by the UAS is used to determine that the registered owner
is Schultz Inspection Services. Officer Schroeder checks the facility's
log of authorized UAS activities for the day and determines that
Schultz

[[Page 72472]]

Inspection Services is conducting an authorized inspection.

XII. Means of Compliance

A. Introduction

Performance-based regulations describe outcomes, goals, or results
without establishing a specific means or process for regulated entities
to follow. Under certain FAA performance-based rules, a person may use
a means of compliance to meet these performance requirements.
The FAA recognizes that UAS technology is continually evolving,
making it necessary to harmonize new regulatory action with
technological growth. Setting performance requirements is one way to
promote that harmonization. Developing a regulatory framework with
performance-based requirements rather than prescriptive text provides a
flexible regulation that allows a person to develop means of
compliance--which may include consensus standards--that adjust to the
fast pace of technological change, innovation, design, and development
while still meeting the regulatory requirements. The FAA believes that
the use of an FAA-accepted consensus standard as a means of compliance
would provide stakeholders this flexibility to comply with the remote
identification requirement.
The FAA recognizes that consensus standards are one way, but not
the sole means, to show compliance with the performance requirements of
the proposed part 89. The FAA emphasizes that, although a means of
compliance developed by a consensus standards body (e.g., ASTM
International (ASTM), Society of Automotive Engineers (SAE), Consumer
Technology Association (CTA), etc.) may be available, any individual or
organization would also be able to submit its own means of compliance
to the Administrator for consideration and potential acceptance.
The FAA encourages consensus standards bodies to develop means of
compliance and submit them to the FAA for acceptance. These bodies
generally incorporate openness, balance, due process, appeals process,
and peer review. The FAA has an extensive history of working with
consensus standards bodies such as ASTM International, SAE, and
Institute of Electrical and Electronics Engineers (IEEE). Section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (NTAA)
\67\ directs Federal agencies to use consensus standards in lieu of
government-unique standards except where inconsistent with law or
otherwise impractical. The FAA intends to rely increasingly on
consensus standards as FAA-accepted means of compliance for UAS
performance-based regulations for remote identification, consistent
with FAA precedent for general aviation aircraft and other initiatives
taken with respect to UAS.
---------------------------------------------------------------------------

\67\ Public Law 104-113; 15 U.S.C. 3701 et seq.
---------------------------------------------------------------------------

The proposed approach aligns with the direction of the Office of
Management and Budget (OMB) Circular A-119, which favors the use of
performance-based regulations and voluntary consensus standards. OMB
Circular A-119 states that, for cases in which no suitable voluntary
consensus standards exist, an agency may consider using other types of
standards. In addition, an agency may develop its own standards or use
other government-unique standards, solicit interest from qualified
standards development organizations for development of a standard, or
develop a standard using the process principles outlined in Section 2e
of the Circular.\68\ OMB Circular A-119 cautions regulators to avoid
standards with biases in favor of a few large manufacturers that create
an unfair competitive advantage.
---------------------------------------------------------------------------

\68\ OMB Circular A-119, Section 5d.
---------------------------------------------------------------------------

B. Applicability

The FAA is proposing that--with limited exceptions--all UAS
produced for operation in the United States would be required to be
designed and produced to meet the performance requirements of proposed
part 89 in accordance with an FAA-accepted means of compliance for
remote identification. The FAA is also proposing that persons operating
a UAS within the airspace of the United States (other than within FAA-
recognized identification areas) would be prohibited from doing so
unless the UAS meets the requirements of the rule.
Subpart D of the proposed rule prescribes the minimum remote
identification message element set and minimum performance requirements
for standard remote identification UAS and limited remote
identification UAS. Specifically, Sec. 89.305 and Sec. 89.315
establish the proposed minimum message elements which would have to be
broadcast or transmitted, as appropriate, by standard remote
identification UAS and limited remote identification UAS. The minimum
remote identification message element requirements are discussed in
greater detail in section XII.C of this preamble. Sections 89.310 and
89.320 propose the minimum performance requirements for standard remote
identification UAS and limited remote identification UAS. These
requirements are discussed in section XII.D of this preamble.
Subpart E of the proposed rule would prescribe the requirements for
the submission (Sec. 89.405) and acceptance (Sec. 89.410) of means of
compliance used in the design and production of standard remote
identification UAS or limited remote identification UAS to ensure such
UAS meet the minimum performance requirements of subpart D. The process
for submission and acceptance of a means of compliance is discussed in
section XII.F of this preamble.

C. Remote Identification Message Elements

The FAA is proposing the minimum message elements necessary for the
remote identification of UAS. These message elements contain the data
required to meet the objectives of the proposed rule. Although the
message elements are designed specifically to meet remote
identification requirements, the FAA anticipates the proposed message
elements would also support future UTM services.
Under proposed Sec. 89.315, the message elements for limited
remote identification UAS would include: (1) The UAS Identification;
(2) an indication of the control station's latitude and longitude; (3)
an indication of the control station's barometric pressure altitude;
(4) a time mark; and (5) an indication of the emergency status of the
UAS.
Under proposed Sec. 89.305, the message elements for standard
remote identification UAS would include the same message elements
required for limited remote identification UAS plus (1) an indication
of the unmanned aircraft's latitude and longitude, and (2) an
indication of the unmanned aircraft's barometric pressure altitude.
In accordance with Sec. 89.120, unless authorized by the
Administrator to operate UAS for the purpose of aeronautical research
or showing compliance with regulations, a person operating a UAS that
does not meet the requirements for standard remote identification UAS
under Sec. 89.110 or for limited remote identification UAS under Sec.
89.115 would only be allowed to operate within FAA-recognized
identification areas.
1. UAS Identification
The UAS Identification message element establishes the unique
identity of UAS operating in the airspace of the United States. This
message element would consist of one of the following:

[[Page 72473]]

A serial number assigned to the unmanned aircraft by the
person responsible for the production of the standard or limited remote
identification unmanned aircraft system; or
A session identification number (session ID) assigned by a
Remote ID USS.
The FAA considered but is not proposing to use the unmanned
aircraft registration number instead of a serial number as the UAS
Identification. A serial number is a unique identifier issued by the
UAS producer to identify and differentiate individual aircraft. The
serial number is preferable as a unique identifier in a remote
identification message because it would be encoded into the unmanned
aircraft system during production whereas a registration number is
provided to the owner of the unmanned aircraft and may change for that
aircraft if the unmanned aircraft is resold. In addition, a
registration number is assigned by the FAA only after a UAS owner
applies for one, whereas a serial number would be assigned prior to the
UAS being purchased and would provide a means for the UAS to send out a
remote identification message, even if it is not registered. The FAA
anticipates a UAS would be designed to broadcast and transmit, as
appropriate, its serial number regardless of whether the unmanned
aircraft has been registered or not.
i. Session Identification
The FAA is proposing an option for UAS operators to be able to use
a session ID assigned by a Remote ID USS as the UAS Identification,
instead of the unmanned aircraft serial number. This would provide a
layer of operational privacy. The association between a given session
ID and the unmanned aircraft serial number would not be available to
the public through the broadcast message. This association would be
available to the issuing Remote ID USS, the FAA, and other authorized
entities, such as law enforcement. The FAA recognizes there could be
concerns with the transmission of the serial number from UAS conducting
routine or repetitive operations. For example, some businesses
operating UAS may be concerned with the collection and analysis of
flight information by their competitors in a manner that reveals
sensitive business practices, such as the flight profile of an
individual UAS over time. Allowing a UAS to broadcast and transmit to a
Remote ID USS, as appropriate, a session ID instead of a serial number
would provide operational privacy to these operators without adversely
impacting the safety and security needs of the FAA, national security
agencies, and law enforcement. Where a session ID has been issued, the
FAA and authorized entities would have the means to correlate the
session ID to the UAS serial number and would consequently be able to
correlate the UAS serial number to its registration data.
ii. Correspondence Between Serial Number and Session ID
The FAA is proposing in Sec. 89.310(j)(1) to require standard
remote identification UAS to use the same remote identification message
elements, including the same UAS Identification, when transmitting to a
Remote ID USS and broadcasting directly from the unmanned aircraft. The
FAA considers that the UAS Identification should be required to be
identical because a lack of consistency regarding this message element
could create confusion as to who is flying in the airspace of the
United States. If the broadcast message and the transmission to the
Remote ID USS contain different UAS Identifications, it may potentially
appear as if there are two different aircraft in the airspace instead
of one in a particular location.
2. An Indication of the Control Station's Latitude and Longitude
As proposed in Sec. 89.305(b) for standard remote identification
UAS and Sec. 89.315(b) for limited remote identification UAS, the FAA
would require a UAS to transmit the latitude and longitude of its
control station through an internet connection to a Remote ID USS. In
addition, standard remote identification UAS would have to broadcast
this information. This message element would be derived from a position
source, such as a GPS receiver. The FAA notes that it is not proposing
a specific type of position source used to determine this information
to allow the greatest flexibility to designers and producers of UAS.
The FAA would require that the person manipulating the flight controls
of the UAS is co-located with the control station; therefore, knowing
the control station location would also provide the location of the
person manipulating the flight controls. This message element would be
used by the FAA and authorized entities to locate the UAS operator when
necessary for the safety, security, or efficiency of aircraft
operations in the airspace of the United States.
3. An Indication of the Control Station's Barometric Pressure Altitude
As proposed in Sec. 89.305(c) for standard remote identification
UAS and Sec. 89.315(c) for limited remote identification UAS, the FAA
would require an indication of the control station's barometric
pressure altitude, referenced to standard sea level pressure of 29.92
inches of mercury or 1013.2 hectopascals. This information would be
used to establish a standard altitude reference for UAS operating in
the airspace of the United States and provide information that could be
used to approximate the control station's height above ground level.
This information is necessary for instances where the person
manipulating the flight controls of the UAS is not at ground level,
such as a person operating a UAS from the roof of a building.
The FAA considered and rejected a requirement to indicate the
control station's geometric altitude, which is a measure of altitude
provided by GPS that is not affected by atmospheric pressure.
Barometric pressure altitude is a more precise measurement than
geometric altitude and is the standard altitude reference for aviation.
While systems such as ADS-B require an indication of both barometric
pressure altitude and geometric altitude, those requirements are
necessary to ensure the safe separation of aircraft in controlled
airspace. The FAA concluded that a single altitude reference for UAS
with remote identification equipment is sufficient for identification
and thus is proposing to use only barometric pressure altitude. The FAA
requests comments regarding whether both barometric pressure altitude
and geometric altitude of the control station should be part of the
remote identification message elements.
4. An Indication of the Unmanned Aircraft's Latitude and Longitude
As proposed in Sec. 89.305(d) for standard remote identification
UAS, this message element would provide the position of the unmanned
aircraft using its latitude and longitude and would be derived from a
position source, such as a GPS receiver. This message element would be
used to associate a specific unmanned aircraft with its associated
control station position. It would also be used to provide situational
awareness to other aircraft, both manned and unmanned, operating
nearby. Manned aircraft, especially those operating at low altitudes
where UAS operations are anticipated to be the most prevalent, such as
helicopters and agricultural aircraft, could carry the necessary

[[Page 72474]]

equipment to display the location of UAS operating nearby. Facility
operators could use latitude and longitude information to know about
the location of UAS operating near an airport, airfield, or heliport.
The FAA notes that this proposed requirement would not apply to limited
remote identification UAS, which would be required to transmit message
elements regarding the location of the control station only through an
internet connection to a remote ID USS.
5. An Indication of the Unmanned Aircraft's Barometric Pressure
Altitude
As proposed in Sec. 89.305(e) for standard remote identification
UAS, this message element would indicate the unmanned aircraft's
barometric pressure altitude referenced to standard sea level pressure
of 29.92 inches of mercury or 1013.2 hectopascals. This information
would be used to establish a standard altitude reference for UAS
operating in the airspace of the United States. It would also be used
to provide situational awareness to other aircraft, both manned and
unmanned, operating nearby. The FAA notes that this proposed
requirement would not apply to limited remote identification UAS, which
would be required to transmit through an internet connection to a
Remote ID USS message elements regarding the location of the control
station only. The FAA considered and rejected a requirement to indicate
the unmanned aircraft's geometric altitude, concluding that a single
altitude reference--barometric pressure altitude--is sufficient (see
discussion in XII.C.3 of this preamble). The FAA requests comments
regarding whether both barometric pressure altitude and geometric
altitude of the unmanned aircraft should be part of the remote
identification message elements.
6. Time Mark
This message element would provide a time mark identifying the
Coordinated Universal Time (UTC) time of applicability of a position
source output. A position source output is the latitude and longitude
coordinates of the unmanned aircraft or control station, as applicable.
The time of applicability is therefore a record of the UTC time when
the UAS was at a particular set of coordinates. As proposed in Sec.
89.305(f) for standard remote identification UAS, the time mark would
apply to the position source output for both the control station and
the unmanned aircraft. For limited remote identification UAS, the same
requirement is proposed in Sec. 89.315(d), but the time mark would
only be applicable to the control station position source output. While
the FAA is not proposing a particular format for the time mark, the FAA
anticipates that a means of compliance that specifies a GPS position
source would also specify a GPS time mark.
As an unmanned aircraft or control station position changes, the
position source, such as a GPS receiver, provides continuous outputs
that indicate the new position of the unmanned aircraft or control
station. The time mark message element would be used to indicate the
time a particular unmanned aircraft or control station location was
measured, therefore providing information that can be used to correlate
the time and location of unmanned aircraft operating in the airspace of
the United States.
7. An Indication of the Emergency Status of the UAS
As proposed in Sec. 89.305(g) for standard remote identification
UAS and Sec. 89.315(e) for limited remote identification UAS, this
message element would specify a code that indicates the emergency
status, which could include lost-link, downed aircraft, or other
abnormal status of the UAS. The FAA anticipates that a standard for
remote identification would specify the different emergency codes
applicable to unmanned aircraft affected by this rule. This message
element could be initiated manually by the person manipulating the
flight controls of the UAS or automatically by the UAS, depending on
the nature of the emergency and the UAS capabilities. This message
element would alert others that the UAS is experiencing an emergency
condition and would indicate the type of emergency. The requirement
would be useful for a multitude of reasons. For example, security
personnel could use an emergency status to differentiate a nefarious
actor from a malfunctioning unmanned aircraft. Other users of the
airspace of the United States or Remote ID USS could use the
information to make informed decisions about how best to keep nearby
aircraft out of the way of an unmanned aircraft experiencing an
emergency. Thus, the emergency status requirement would contribute to a
safer and more efficient airspace of the United States.

D. Minimum Performance Requirements

The proposed rule would require standard remote identification UAS
to meet the minimum performance requirements established in Sec.
89.310 by using an FAA-accepted means of compliance. These requirements
relate to the control station location, automatic connection to a
Remote ID USS, time mark, self-testing and monitoring, tamper
resistance, connectivity, error correction, interference
considerations, message transmission, and message elements performance
requirements.
The proposed rule would require limited remote identification UAS
to meet the minimum performance requirements established in Sec.
89.320 by using an FAA-accepted means of compliance. The performance
requirements for limited remote identification UAS cover the topics
addressed in the requirements for standard remote identification UAS
not related to broadcast functionality, and include criteria for range
limitation.
1. Control Station Location
As proposed in Sec. 89.310(a) for standard remote identification
UAS and Sec. 89.320(a) for limited remote identification UAS, the FAA
would require all UAS with remote identification to generate and encode
a control station location that corresponds to the location of the
person manipulating the flight controls of the UAS. The rationale for
this requirement is to assist the FAA and authorized persons using this
information to locate the person manipulating the flight controls of
the UAS. The FAA envisions that in some situations, the control station
might be a distributed system where some elements, such as a remotely
sited uplink antenna, might not be located in a close enough proximity
to the person manipulating the flight controls of the UAS. Thus, the
FAA intends for an FAA-accepted means of compliance to outline a
process for UAS designers and producers to determine which part or
element of the control station should be incorporated into the remote
identification message due to its close proximity to the person
manipulating the flight controls of the UAS.
2. Automatic Remote ID USS Connection
As proposed in Sec. 89.310(b) for standard remote identification
UAS and Sec. 89.320(b) for limited remote identification UAS, the FAA
is proposing that from takeoff to landing, the UAS would be required to
automatically maintain a connection to the internet when available and
would be required to transmit the message elements to a Remote ID USS
through that connection. The FAA envisions that UAS would connect to an
internet-based Remote ID USS upon initialization. This process would be
similar to the way cell phones automatically connect to cellular
networks without user input

[[Page 72475]]

when the cell phones are turned on and when they are within range of a
cellular network. Standard remote identification UAS would also be
required to broadcast message elements.
The FAA welcomes comments on whether the connection should be
required from takeoff to landing or whether it should be required from
start up to shut down.
3. Time Mark
As proposed in Sec. Sec. 89.310(c) for standard remote
identification UAS and Sec. 89.320(c) for limited remote
identification UAS, the FAA is proposing that all UAS with remote
identification would be required to generate and transmit through an
internet connection to a Remote ID USS messages with the time mark
message element; standard remote identification UAS would broadcast the
message element as well. The time mark message element would have to be
synchronized to the time when all other message elements are generated.
The purpose of this requirement is to ensure that position and other
data contained in remote identification messages would have a usable
time reference for the purposes of reconstructing unmanned aircraft
flight profiles.
4. Self-Testing and Monitoring
The FAA is proposing in Sec. 89.310(d) for standard remote
identification UAS and Sec. 89.320(d) for limited remote
identification UAS, to require UAS with remote identification to
automatically test the remote identification functionality when the UAS
is powered on and to notify the person manipulating the flight controls
of the UAS of the result of the test. Further, the FAA is proposing to
prohibit these UAS from taking off if the remote identification
equipment is not fully functional. Since a person would only be allowed
to operate a standard remote identification UAS or a limited remote
identification UAS if its remote identification equipment is functional
(Sec. 89.110(c)(2) and Sec. 89.115(c)(2)), the FAA envisions that UAS
designers and producers would build a notification system to alert
potential operators of any remote identification equipment-related
malfunction. This notification requirement would help operators comply
with the operating requirements of proposed part 89.
The FAA is also proposing to require UAS to continuously self-
monitor the remote identification functionality throughout the flight
and to provide notification of malfunction or failure to the person
manipulating the flight controls of the UAS. With this capability, the
person manipulating the flight controls of the UAS can make informed
decisions about what actions to take to minimize risk to other users of
the airspace and people and property on the ground. This requirement is
necessary because, as proposed in Sec. 89.110(b), a standard remote
identification UAS would be required to land as soon as practicable if
it loses broadcast capability in-flight. Similarly, a limited remote
identification UAS would be required to land as soon as practicable if
it can no longer transmit the message elements through an internet
connection to a Remote ID USS, as proposed in Sec. 89.115(b).
5. Tamper Resistance
The FAA is proposing in Sec. 89.310(e) for standard remote
identification UAS and in Sec. 89.320(e) for limited remote
identification UAS to require that UAS with remote identification be
designed and produced in a way that reduces the ability of a person to
tamper with the remote identification functionality. The FAA envisions
the UAS would have tamper-resistant design features to hinder the
ability to make unauthorized changes to the remote identification
equipment or messages.
6. Connectivity
For standard remote identification UAS, the FAA is proposing in
Sec. 89.310(f)(1) and Sec. 89.310(f)(2) that if the internet is
available at takeoff, the unmanned aircraft would be required to be
designed and produced so that it would not be able to take off unless
it is connected to the internet and transmitting the message elements
in proposed Sec. 89.305 through that internet connection to a Remote
ID USS.
In addition, the FAA is proposing to require that the message
elements be broadcast directly from the unmanned aircraft. If the
internet is unavailable at takeoff, the standard remote identification
UAS would not be able to take off unless it is broadcasting the message
elements. Further, in Sec. 89.310(f)(3), the FAA is proposing to
require a standard remote identification UAS to continuously monitor
its connection to the internet and the transmission of remote
identification message elements to a Remote ID USS. If either is lost,
the UAS would have to notify the person manipulating the flight
controls of the UAS so he or she may take appropriate action, as
needed.
For limited remote identification UAS, the FAA is proposing in
Sec. 89.320(f)(1) that if the internet is available at takeoff, the
limited remote identification UAS would be required to be designed and
produced in such a way that it would not be able to take off until it
establishes a connection to the internet and transmits the message
elements in proposed Sec. 89.315 through that internet connection to a
Remote ID USS. If the internet is unavailable at takeoff, the limited
remote identification UAS would not be able to take off because, unlike
a standard remote identification UAS, a limited remote identification
UAS would not be able to broadcast the remote identification message
elements in Sec. 89.305 or Sec. 89.315. Further, under proposed Sec.
89.320(f)(2), a limited remote identification UAS would be required to
continuously monitor the connection to the internet and the
transmission of remote identification message elements to a Remote ID
USS. If connection to the internet is lost or the UAS stops
transmitting to a Remote ID USS, the UAS would be required to notify
the person manipulating the flight controls of the UAS so that the
person may land the limited remote identification UAS as soon as
practicable.
7. Error Correction
As proposed in Sec. 89.310(g) for standard remote identification
UAS and Sec. 89.320(g) for limited remote identification UAS, the FAA
is proposing to require all UAS with remote identification equipment to
incorporate error correction in the transmission and broadcast of the
message elements, as appropriate. Error correction would allow remote
identification broadcast receivers, such as smart phones, and Remote ID
USS to detect potential errors that may exist in the message, and take
the appropriate action. The FAA is not proposing any specific
algorithms or technologies that would be required to be incorporated
into an FAA-accepted means of compliance. Instead, the error correction
capabilities incorporated into a proposed means of compliance would be
reviewed and evaluated as a part of the acceptance process.
8. Interference Considerations
As proposed in Sec. 89.310(h) for standard remote identification
UAS and in Sec. 89.320(h) for limited remote identification UAS, and
consistent with FCC regulations, the FAA would prohibit the remote
identification equipment from causing harmful interference to other
systems or equipment installed on the unmanned aircraft or control
station. For example, the remote identification equipment could not
cause harmful interference to the UAS command and control datalink and
could not otherwise be in violation of FCC regulations. In addition,
the

[[Page 72476]]

remote identification equipment would not meet the requirements of this
rule if its operation would be adversely affected by interference from
other systems or equipment installed on the unmanned aircraft or
control station, such as the UAS command and control datalink or a
camera feed from the unmanned aircraft to a display at the control
station.
A specific means of compliance may include requirements to use
specific radio frequency emitters and receivers. The FAA envisions that
a proposed means of compliance could include an analysis of frequency
congestion and interference considerations. For example, a proposed
means of compliance could require analysis and mitigation of
interference from equipment on the ground as well as other similarly
equipped unmanned aircraft in the air. Additionally, the means of
compliance could also consider the impact those equipped aircraft could
have on manned aircraft or equipment on the ground that use the same
frequency bands (e.g., personal electronic devices). The FAA does not
propose a particular method by which interference considerations are
identified or mitigated by designers or producers. Instead, the FAA
would consider proposed methods for dealing with interference
considerations and would verify that they are appropriate for the types
of equipment and operations applicable to those means of compliance and
do not run counter to any applicable regulations, including FCC
regulations.
9. Message Transmission
The FAA is proposing in Sec. 89.310(i)(1) that standard remote
identification UAS be capable of transmitting the message elements in
proposed Sec. 89.305 through an internet connection to a Remote ID
USS. Additionally, the FAA is proposing in Sec. 89.310(i)(2) to
require that standard remote identification UAS be capable of
broadcasting the message elements in proposed Sec. 89.305 using a non-
proprietary broadcast specification and radio frequency spectrum in
accordance with 47 CFR part 15 that is compatible with personal
wireless devices. The FAA envisions that remote identification
broadcast equipment would broadcast using spectrum similar to that used
by Wi-Fi and Bluetooth devices. The FAA is not, however, proposing a
specific frequency band. Rather, the FAA envisions industry
stakeholders would identify the appropriate spectrum to use for this
capability and would propose solutions through the means of compliance
acceptance process. This requirement would ensure that the public has
the capability, using existing commonly available and 47 CFR part 15
compliant devices, such as cellular phones, smart devices, tablet
computers, or laptop computers, to receive these broadcast messages.
The FAA has considered the conditions of operation, the general
technical requirements, and the performance limitations associated with
the use of part 15 devices and has determined that these conditions,
requirements, and limitations would be acceptable and compatible with
the proposed use and expected performance of the broadcast capability
of standard remote identification UAS. The FAA acknowledges that, by
rule, part 15 devices, including those used for the remote
identification broadcast, may not cause harmful interference and must
accept any interference received.
To meet the proposed requirement of compatibility with personal
wireless devices, a means of compliance may take into consideration
whether the remote identification capability would be compatible with
current and older models of personal wireless devices still in common
usage. The FAA intends the proposed requirement to ensure that the
broadcast message from standard remote identification UAS would be
accessible by most personal wireless devices in use.
Additionally, for standard remote identification UAS, Sec.
89.310(i)(2) proposes that the broadcast device use radio frequency
spectrum in accordance with 47 CFR part 15 that is compatible with
personal wireless devices and must be designed to maximize the range at
which the broadcast can be received, while complying with the 47 CFR
part 15 regulatory requirements in effect at the time that the
Declaration of Compliance is submitted for FAA acceptance, and must be
integrated into the unmanned aircraft or control station without
modification to its authorized radio frequency parameters. This
proposed requirement would ensure that producers use a means of
compliance that specifies a broadcast technology or broadcast
technology characteristics that maximize the broadcast range while
still meeting the other minimum performance requirements under this
proposed rule. Maximizing the broadcast range would ensure that remote
identification information would be available to the largest number of
potential receiving devices within the limits permitted by law.
Maximized range would also optimize future operational capabilities,
such as detect-and-avoid and aircraft-to-aircraft communications where
range is a factor.
For limited remote identification UAS, the FAA is proposing in
Sec. 89.320(i) that the UAS be capable of transmitting the message
elements in proposed Sec. 89.315 through an internet connection to a
Remote ID USS. Under the proposed rule, limited remote identification
UAS would be prohibited from broadcasting the remote identification
message elements.
For both standard and limited remote identification UAS, at this
time the FAA has not proposed any requirements regarding how the UAS
connects to the internet to transmit the message elements or whether
that transmission is from the control station or the unmanned aircraft.
The FAA understands, however, that there are concerns about the impact
that connecting to the internet directly from the unmanned aircraft (as
opposed to the control station) could have on networks that use radio
frequency spectrum, including interference, network stability, or other
effects. The FAA seeks comments on these potential effects, recognizing
that issues of interference or other impacts to communications networks
are independently reviewed by the FCC. The FAA requests that comments
indicate any drawbacks or impacts to users or license holders of either
licensed or unlicensed spectrum. Additionally, the FAA seeks feedback
regarding whether any existing UAS are capable of connecting to the
internet from the unmanned aircraft, and if so, what methods are used
for those connections.
10. Interoperability
To achieve interoperability among standard remote identification
UAS that may be produced using different means of compliance, the FAA
is also proposing in Sec. 89.310(i)(2) that for standard remote
identification UAS, a means of compliance would be required to include
the requirement that the message elements be broadcast using a non-
proprietary specification for remote identification. For the broadcast
to be interoperable with personal wireless devices, the message
elements for standard remote identification UAS would have to be
broadcast using a message format available to the public. A known
message format is necessary for the receiving personal wireless devices
to decode the messages and make the message elements available for use
by software applications on the receiving devices. For example, where
the UAS remote identification broadcast message format is known to the
public,

[[Page 72477]]

an entity would be able to develop a mobile phone application that
allows the user to view unmanned aircraft operating nearby on a map
display.
11. Message Elements Performance Requirements
As proposed in Sec. 89.310(j) for standard remote identification
UAS and Sec. 89.320(j) for limited remote identification UAS, the FAA
would require that all UAS with remote identification meet certain
minimum requirements regarding the transmission of the message elements
including the minimum performance requirements related to positional
accuracy, barometric pressure, message latency, and message
transmission rate. The FAA invites comments on whether the parameters
for the message elements performance requirements proposed in Sec.
89.310(j) and Sec. 89.320(j) are appropriate and requests commenters
submit specifics, supported by data, to sustain their position.
i. Transmission and Broadcast of Identical Message Elements
Under Sec. 89.310(j)(1), the FAA is proposing that standard remote
identification UAS transmit and broadcast identical message elements.
ii. Positional Accuracy
The FAA is proposing positional accuracy requirements that are
compatible with commercial off the shelf position sources, such as GPS
receivers integrated into many existing UAS, smart phones, or other
smart devices. For an unmanned aircraft, the position source is
considered to be equipment onboard the aircraft that computes a
geodetic position (latitude and longitude). The position source can be
a separate sensor or can be integrated into other systems. While the
FAA anticipates that most unmanned aircraft would use a GPS receiver as
the position source, other equipment could be used as long as it is
capable of producing the required message elements and meets the
proposed accuracy requirement. For a control station, the position
source is considered to be equipment that is either integrated into the
control station or separate from but in close proximity to the control
station. For example, a commercially available smart phone with a GPS
receiver could be an acceptable control station position source if it
meets the proposed accuracy requirement.
As proposed in Sec. 89.310(j)(2) for standard remote
identification UAS, the reported position of the unmanned aircraft and
control station would have to be accurate to within 100 feet of the
true position, with 95 percent probability. For limited remote
identification UAS, the same requirement is proposed in Sec.
89.320(j)(1) except that it would only apply to the control station
since the FAA is not proposing an unmanned aircraft location message
element requirement for limited remote identification UAS. The proposed
100-foot accuracy requirement is based on the 30-meter (98.4 feet)
accuracy requirement for commercial off the shelf GPS position sources
allowed for Traffic Awareness Beacon System (TABS) equipment in TSO-
C199.\69\
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\69\ See http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/0/1600df588a6f53ae 86257d710070d105/$FILE/TSO-C199.pdf.
Accessed July 31, 2019.
---------------------------------------------------------------------------

Based on information the FAA has reviewed from UAS producers and
smart device technology developers, the FAA believes this accuracy
requirement is achievable by the majority of GPS-enabled UAS and smart
devices in use today, and indications are that future GPS-based
technology will have improved accuracy compared to current systems. The
FAA expects that future UAS will take advantage of technological
advancements in position source accuracy to provide even greater
accuracies as technologies evolve.
iii. Barometric Pressure Altitude Accuracy
The FAA is proposing an unmanned aircraft and control station
barometric pressure altitude accuracy requirement that it believes is
compatible with barometers integrated into many existing UAS, smart
phones, and smart devices.
As proposed in Sec. 89.310(j)(3) for standard remote
identification UAS, the reported barometric pressure altitude for the
unmanned aircraft and the control station would be required to be
accurate to within 20 feet of the true barometric pressure altitude for
pressure altitudes ranging from 0 to 10,000 feet. For limited remote
identification UAS, the same requirement is proposed in Sec.
89.320(j)(2) for the control station only, as there is no unmanned
aircraft pressure altitude message element requirement for limited
remote identification UAS. Based on information the FAA has reviewed
from producers of UAS, the FAA believes this requirement is achievable
by many UAS and smart devices in use today that are equipped with a
barometer. In addition, there are indications that UAS and smart device
barometer technology is continually improving in terms of accuracy, and
the FAA expects the trend of improving performance and accuracy of
these systems to continue. The FAA seeks comment from UAS designers and
producers and other interested individuals on whether the proposed
barometric pressure altitude accuracy requirement is consistent with
current and anticipated future UAS performance capabilities.
iv. Remote Identification Message Latency
The FAA is proposing a remote identification system latency
requirement that it believes is compatible with existing commercial off
the shelf UAS systems, including position sources, and both transmit
and broadcast technologies. The proposed latency requirement would
apply to both the transmitted message set and the broadcast message set
and is the time between when a position is measured by the unmanned
aircraft or control station position source and when it is transmitted
and broadcast by the remote identification equipment. The latency
requirement does not apply to any systems external to the UAS, such as
broadcast receivers or information display devices. Based on
information the FAA has reviewed from manufacturers of commercial off
the shelf position sources, broadcast equipment, and transmission
equipment, the FAA believes a latency of no more than one second is
achievable by existing systems. The FAA therefore proposes that this is
the appropriate latency requirement for the remote identification
message set in Sec. 89.310(j)(4) for standard remote identification
UAS and in Sec. 89.320(j)(3) for limited remote identification UAS.
v. Remote Identification Message Transmission Rate
The FAA is proposing a transmission rate for the remote
identification message elements that it believes is compatible with
existing commercial off the shelf UAS systems, including both internet
connectivity and broadcast technologies. The proposed transmission rate
would apply to both the message elements transmitted to a Remote ID USS
and broadcast, and is the minimum rate at which the remote
identification message would be either broadcast or transmitted to a
Remote ID USS by the remote identification equipment. The FAA believes
a transmission rate of at least 1 message per second (1 hertz) is
achievable by existing systems and is proposing this as the minimum
transmission rate for the remote identification message elements in
Sec. 89.310(j)(5) for standard remote

[[Page 72478]]

identification UAS and Sec. 89.320(j)(4) for limited remote
identification UAS.
12. Cybersecurity
As proposed in Sec. 89.310(k) for standard remote identification
UAS and Sec. 89.320(k) for limited remote identification UAS, the FAA
is proposing to require all UAS with remote identification equipment to
incorporate cybersecurity protections for the transmission and
broadcast of the message elements, as appropriate. Cybersecurity
protections are necessary to defend against cyber threats that could
adversely affect the authenticity or integrity of the remote
identification information being transmitted by the UAS to a Remote ID
USS or being broadcast from the unmanned aircraft. The FAA is not
proposing any specific cybersecurity protection methods that would be
required to be incorporated into an FAA-accepted means of compliance.
Instead, the cybersecurity protection methods incorporated into a
proposed means of compliance would be reviewed and evaluated as a part
of the acceptance process.
13. Range Limitation
The FAA is proposing in Sec. 89.320(l) to require that a limited
remote identification UAS be designed to operate no more than 400 feet
from its control station. The FAA is proposing this as a performance-
based requirement so that persons submitting means of compliance can
innovate and develop their own means to meet the requirement. The FAA
envisions that this requirement can be met through a range of
solutions, such as geo-fencing or command and control link power
limitations.
The FAA is not proposing to impose any range limitation on standard
remote identification UAS.
14. Broadcast Limitation
The FAA is proposing in Sec. 89.320(m) to prohibit limited remote
identification unmanned aircraft from broadcasting remote
identification message elements identified in Sec. 89.305 or Sec.
89.315. A limited remote identification unmanned aircraft cannot
broadcast remote identification message elements using radio frequency
spectrum because the broadcast function is only applicable to standard
remote identification UAS. Remote identification broadcast capability
on a limited remote identification UAS would not have been designed or
produced to meet the proposed requirements in this rule and could
result in erroneous, non-compliant, or incorrectly formatted messages
being broadcast, undermining the principal purposes of this proposed
rule. An unmanned aircraft that is equipped to broadcast any of the
remote identification message elements identified in Sec. 89.305 or
Sec. 89.315 would have to comply with the remote identification
requirements for standard remote identification UAS.

E. Other Performance Requirements Considered

The FAA considered imposing additional performance requirements as
part of an acceptable means of compliance; however, the FAA believes
that the current proposal reflects the minimum requirements necessary
to achieve the intent of the proposed rule. Regardless, the FAA
acknowledges that imposing additional requirements could add value to
the remote identification of UAS and further integration into the
National Airspace System. The FAA welcomes comments on whether the
final rule should incorporate additional performance requirements,
including but not limited to any of the ones addressed in this section.
The FAA emphasizes that nothing in the proposed rule would preclude
a person or entity from developing and submitting a means of compliance
that covers the topics discussed in this section or any other topics
that span beyond the minimum performance requirements of the proposed
rule. Although the FAA is proposing to require specific minimum
performance requirements on certain message elements such as location
and altitude, the FAA envisions that technology may progress such that
improved performance may become achievable and revised minimum
performance requirements may be appropriate at some point in the
future. For this reason, the FAA would be willing to consider means of
compliance that incorporate performance requirements that are more
stringent and that exceed the minimum performance requirements of the
proposed rule. The FAA would not accept any means of compliance that
fails to meet any of the minimum performance requirements of the
proposed rule but would consider accepting means of compliance that
exceed the minimum performance requirements.
Once a means of compliance is accepted by the FAA, it establishes
the actual required performance and functionality for UAS with remote
identification that are designed and produced using that particular
means of compliance. A person responsible for the design and production
of UAS using a particular means of compliance would be required to
adhere to that means of compliance in its totality, even if certain
elements exceed the minimum performance requirements. Developers of
means of compliance should consider the implications of specifying
performance or functionality that exceeds the minimum regulatory
requirements.
The FAA considered several potential requirements that it
ultimately decided were not necessary to include in the proposed
minimum performance requirements. The FAA considered but chose not to
propose the following:
Other message elements such as certain UAS operator
contact information or other aircraft or control station information
such as velocity, direction, route, or altitude above ground level;
Equipment interface requirements such as the appropriate
connections between GPS receivers, altimeters, and the remote
identification message compiler, the communication protocol between the
aircraft and the control station through which remote identification
message data is exchanged, or protocols and interfaces between UAS,
internet providers, and Remote ID USS;
Flight data recording features to store remote
identification information within the UAS;
Requirements for connection indications such as a separate
indication of whether the UAS is connected to the internet and its
connection to a specific Remote ID USS, an indication of the
transmission latency, or a notification of the specific Remote ID USS
to which the UAS is connected; or
Transmission or broadcast requirements during a command
and control lost-link event.
Although the FAA is not proposing these features in the minimum
performance requirements, the FAA requests comments on whether and why
any should be required.

F. Submission and FAA Acceptance of Means of Compliance

Any person or entity would be able to submit a proposed means of
compliance to the FAA for review and potential acceptance. To submit a
means of compliance for acceptance by the FAA, a person or entity would
be required to indicate how the means of compliance meets the minimum
performance requirements in Sec. Sec. 89.305 through 89.320, as
applicable, by submitting any information, analysis, or test results
necessary for the FAA to determine acceptability. Specifically, under
Sec. 89.405(b), the person or entity would be required to submit all
of the following information to the FAA: (1)

[[Page 72479]]

The name of the person or entity submitting the means of compliance,
the name of the main point of contact for communications with the FAA,
the physical address, email address, and other contact information; (2)
a detailed description of the means of compliance; (3) an explanation
of how the means of compliance addresses all of the minimum performance
requirements established in Sec. Sec. 89.305 through 89.320, as
applicable, so that any standard remote identification UAS or limited
remote identification UAS designed and produced using that means of
compliance meets the remote identification performance requirements of
proposed part 89; and (4) any substantiating material the person or
entity wishes the FAA to consider as part of the application.
In Sec. 89.405(c), the FAA is proposing to require the means of
compliance to include testing and validation procedures for the person
responsible for production of the standard remote identification UAS or
limited remote identification UAS to demonstrate through analysis,
ground test, or flight tests, as appropriate, how the UAS with remote
identification would perform its intended functions and how it meets
the minimum performance requirements established in Sec. Sec. 89.305
through 89.320, as applicable. The FAA makes no finding on radio
transmitter technical compliance with 47 CFR regulations but expects
technically compliant transmitters to be integrated into the UAS
without modification to their authorized radio frequency parameters.
The FAA would indicate acceptance of a means of compliance by
notifying the submitter and publishing a notice in the Federal Register
identifying the means of compliance as accepted. The FAA would also
notify the public that it has accepted the means of compliance by
including it on a list of accepted means of compliance at https://www.faa.gov. The FAA would not disclose commercially valuable
information in this document. It would only provide general information
stating that FAA has accepted the means of compliance.

G. Rescission of a Means of Compliance

Pursuant to proposed Sec. 89.415, a means of compliance is subject
to ongoing review by the Administrator. The Administrator would be able
to rescind acceptance of a means of compliance when the Administrator
finds that a means of compliance does not meet any or all of the
requirements of the proposed rule. The FAA would publish a notice of
rescission in the Federal Register. If discussions with the person or
entity that submitted the means of compliance are unable to resolve any
noncompliance issues, the FAA would notify the person or entity who
submitted the FAA-accepted means of compliance of its decision to
rescind its acceptance of the means of compliance by sending a letter
of rescission to the email address on file for such person or entity.
The FAA would also provide notice of the rescission to any person
responsible for the production of standard remote identification UAS or
limited remote identification UAS who submitted an FAA-accepted
declaration of compliance as discussed in section XIII.E of this
preamble that uses the means of compliance that is no longer accepted
as a basis for compliance with the proposed requirements of this rule.
Lastly, the FAA would also choose to publish at https://www.faa.gov a
list of rescinded means of compliance.
The main consequence of the rescission of the FAA's acceptance of a
means of compliance is that the FAA's acceptance of any declaration of
compliance that relies on the no longer accepted means of compliance
may be rescinded. Therefore, any UAS with remote identification
produced and listed under a declaration of compliance that relies on a
no longer accepted means of compliance would fail to comply with the
proposed requirements of this rule and would be restricted to flying
within FAA-recognized identification areas. The rescission of the FAA's
acceptance of a declaration of compliance, as a result of the
rescission of the FAA's acceptance of a means of compliance, would
follow the rescission and reconsideration provisions of proposed Sec.
89.530. In such case, prior to rescinding the FAA's acceptance of a
declaration of compliance, the FAA proposes to notify the submitters of
the affected FAA-accepted declaration(s) of compliance that their
declaration(s) of compliance may be rescinded by sending a letter to
the email address on file for such person or entity. Where the proposed
rescission is due to the rescission of the FAA's acceptance of a means
of compliance, the FAA may allow the submitter of the FAA-accepted
declaration of compliance to amend the declaration of compliance to
include another FAA-accepted means of compliance, as long as the UAS
produced and listed under the declaration of compliance comply with the
newly-listed means of compliance. The FAA proposes not to rescind its
acceptance of a declaration of compliance that is promptly amended to
list another FAA-accepted means of compliance. Failure to amend the
declaration of compliance would result in the rescission of FAA
acceptance of the declaration of compliance in accordance with the
provisions of Sec. 89.530.
The FAA does not expect the rescission of its acceptance of a means
of compliance to occur frequently. However, the FAA does contemplate
potential scenarios when FAA-acceptance of a means of compliance might
be rescinded. For example, the FAA could rescind its acceptance of a
means of compliance if it is based on a technology standard that
becomes obsolete, particularly if the old technology would interfere
with the newer technologies used on UAS at that given time. The FAA
believes that due to the rapid changes in technology, new means of
compliance would likely be submitted for FAA acceptance whenever a
significant technological change warrants a change in the design and
production of UAS with remote identification. The FAA believes that due
to the typical lifecycle of UAS, very few UAS built in accordance with
older means of compliance would be in operation by the time the FAA's
acceptance of a means of compliance is rescinded due to a major shift
in technology. By that time, the FAA expects most UAS would be designed
and produced in accordance with the latest means of compliance
available. Older, operational UAS built in accordance with means of
compliance that are no longer accepted would still be eligible to
operate within FAA-recognized identification areas.

H. Record Retention Requirements

In Sec. 89.420, the FAA is proposing for persons or entities who
submit FAA-accepted means of compliance under part 89 to retain certain
information for as long as the means of compliance is accepted plus an
additional 24 calendar months. The information would be required to be
made available to the FAA upon request. Specifically, the person or
entity would be required to retain all documentation and substantiating
data submitted for the acceptance of the means of compliance; records
of all test procedures, methodologies, and other procedures, if
applicable; and any other information necessary to justify and
substantiate how the means of compliance enables compliance with the
remote identification requirements of part 89.
This requirement is being proposed so that, in the event of an FAA
investigation or analysis, the Administrator may obtain data necessary
to re-assess the acceptability

[[Page 72480]]

of the means of compliance. The additional 24 calendar months is being
proposed because the FAA envisions that, if a means of compliance is
found to no longer be acceptable, UAS produced using that means of
compliance might still be on the market or in the possession of
operators. The additional time would ensure that the data is still
readily available while any FAA actions are being taken such as
possible rescissions of FAA acceptance of declarations of compliance.
If the FAA requests the data and the submitter did not retain the data
in accordance with this requirement, then the Administrator may choose
to rescind acceptance of the means of compliance.

XIII. Design and Production Requirements

A. Applicability and Summary of Requirements

Subpart F of the proposed rule prescribes requirements for the
design and production of UAS operated in the United States. It also
proposes certain procedural requirements for the submission of
declarations of compliance for FAA acceptance and certain rules
governing persons who have submitted FAA-accepted declarations of
compliance.
According to proposed Sec. 89.501(c), the requirements of subpart
F would not apply to the following UAS, unless they are intentionally
designed or produced as standard remote identification UAS or limited
remote identification UAS:
Amateur-built UAS.
UAS of the United States Government.\70\
---------------------------------------------------------------------------

\70\ Although this exception applies to UAS produced for the use
of the United States Government, U.S. government entities would
still be bound by the operating provisions of part 89, subpart B.
Only the aircraft of the national defense forces of the United
States are excepted from the aircraft registration requirements and
not required to comply with subpart B. All other United States
government entities who wish to use UAS without remote
identification at a location other than an FAA-recognized
identification area would be required to seek authorization from the
Administrator to deviate from the operating provisions of subpart B.
---------------------------------------------------------------------------

UAS where the unmanned aircraft weighs less than 0.55
pounds including the weight of anything attached to or carried by the
aircraft.
UAS designed or produced exclusively for the purpose of
aeronautical research or to show compliance with regulations.
The FAA is proposing that persons responsible for the production of
standard remote identification UAS or limited remote identification UAS
would be required to do the following:
Under Sec. 89.505, ensure each UAS produced has a serial
number that complies with the ANSI/CTA-2063-A serial number standard.
Under Sec. 89.510(a)(1), ensure that the UAS are designed
and produced to meet the minimum performance requirements for standard
remote identification UAS or limited remote identification UAS by using
an FAA-accepted means of compliance.
Under Sec. 89.510(b), comply with certain inspection,
audit, and notification requirements.
Under Sec. 89.515, label each unmanned aircraft to
indicate that the unmanned aircraft system is remote identification
compliant and indicate whether it is a standard remote identification
UAS or a limited remote identification UAS.
Under Sec. 89.520, submit a declaration of compliance for
acceptance by the FAA declaring that the UAS complies with the design
and production requirements of the proposed rule.
The FAA anticipates that most UAS produced will be consumer or
professional grade, fully-assembled UAS from a commercial manufacturer.
Under those circumstances, the manufacturer is subject to all of the
design and production requirements of subpart F. There are certain
circumstances, however, where the responsibility for the production
requirements may be less obvious.
UAS Kits. The FAA anticipates that some UAS producers will
wish to sell kits that would allow a person to assemble a fully
functional UAS. If the kit contains all the parts and instructions
necessary to build a UAS, the producer of the kit, not the person
assembling the UAS from the kit, is considered the manufacturer of the
UAS and is subject to all of the design and production requirements of
proposed subpart F. For purposes of the proposed rule, the FAA does not
consider any package containing less than 100% of the parts and
instructions necessary to assemble a complete, functional UAS to be a
UAS kit.
Amateur-built UAS. As discussed later in this section, the
FAA considers a UAS to be amateur built when the person building it
fabricates and assembles more than 50 percent of the UAS. Under these
circumstances, the person building the UAS would be the producer and
may, but is not required to, comply with the design and production
requirements of proposed subpart F.
UAS assembled completely from pre-fabricated parts. The
FAA anticipates that some model aircraft enthusiasts may assemble UAS
entirely from pre-fabricated parts and that commercial vendors may wish
to sell UAS parts, including packages that contain more than 50 but
less than 100 percent of the parts necessary to build a UAS. The
resulting UAS would not qualify as amateur-built because the person
building it would be fabricating and assembling 50 percent or less of
the UAS. The UAS would not qualify as built from a kit because it did
not include 100 percent of the necessary parts. Under these
circumstances, the person assembling the UAS would be considered the
producer and would be required to comply with the design and production
requirements of proposed subpart F.
In Sec. 89.1 of this proposed rule, the FAA proposes defining an
amateur-built unmanned aircraft system as a UAS, the major portion of
which has been fabricated and assembled by a person who undertook the
construction project solely for his or her own education or recreation.
The FAA would consider a UAS to be amateur built if the person building
it fabricates and assembles at least 50 percent of the UAS.
The FAA is proposing, in Sec. 89.501(c)(1) to exclude amateur-
built UAS from the requirements of subpart F. Specifically, amateur-
built UAS would not be required to meet the performance requirements
for a standard remote identification UAS or limited remote
identification UAS. However, irrespective of the applicability of
subpart F, all UAS operated in the airspace of the United States would
be subject to the operating requirements of the proposed rule.
Accordingly, an amateur-built UAS that is fabricated and assembled
without remote identification would be restricted to operating within
an FAA-recognized identification area in accordance with Sec. Sec.
89.105(c) and 89.120. The FAA has chosen to exclude this category from
the design and production requirements of this rule because builders of
amateur-built UAS may not have the necessary technical knowledge,
ability, or financial resources to design and produce a UAS that meets
the minimum performance requirements proposed in this rule. Requiring
amateur-built UAS to comply with the performance requirements proposed
in this rule would place an undue burden on the builders of these UAS.
The FAA expects that amateur-built UAS will represent a very small
portion of the total number of UAS operating in the airspace of the
United States.
Nothing in this proposal would prevent a person from building a UAS

[[Page 72481]]

with remote identification for educational or recreational purposes.
However, a person doing so would be subject to all of the requirements
of subpart F, even if the UAS would otherwise be considered an amateur-
built UAS. For example, an individual may wish to design and produce
their own standard remote identification UAS for educational or other
purposes, procuring parts and components from multiple vendors. Under
the proposed Sec. 89.501(c), this person would be required to meet the
requirements of subpart F including using a means of compliance that
meets the requirements of proposed Sec. 89.310.
The FAA is not proposing any restrictions on the sale, transfer of
ownership, or lending of amateur-built UAS with or without remote
identification to someone other than the person who originally built
the UAS. For example, a person could lend his or her amateur-built UAS
to another person on a temporary basis or sell it after he or she no
longer intends to use it for personal operation. However, the new
operators of such UAS would be required to comply with the applicable
operating rules at all times, including the limitation to fly within an
FAA-recognized identification area if the amateur-built UAS does not
have remote identification.
The FAA anticipates that some UAS producers will wish to sell
complete kits including all parts and instructions that would allow a
person to assemble a fully functional UAS with remote identification.
If the kit contains all the parts and instructions necessary to build a
standard remote identification UAS or limited remote identification
UAS, and the fully assembled UAS would meet the requirements of an FAA-
accepted means of compliance, then the producer of the kit, not the
person assembling the UAS from the kit, is considered the producer of
the UAS and is subject to all of the design and production requirements
of subpart F. A requirement for the owner to assemble some or all of
the parts of a UAS fabricated by a particular company prior to flight
would not turn that owner into a producer for purposes of subpart F
when all the parts and instructions for assembly have been included for
sale.
The FAA requests comments about whether persons should be allowed
to produce kits for sale that contain 100 percent of the parts and the
instructions for assembly necessary to build a fully functioning UAS
without remote identification capability. Once assembled, such UAS
without remote identification would be required to either have the
unmanned aircraft weigh less than 0.55 pounds or operate only within an
FAA-recognized identification area.
UAS that are designed and produced for the purpose of aeronautical
research or showing compliance with regulations would not be required
to meet the production requirements of the rule. The FAA intends this
exception to allow for testing of prototype UAS not intended for sale
without the requirement that the producer meet all of the production
requirements of the proposed rule. Any person operating a UAS under
this exception would still need to receive authorization from the
Administrator to operate the UAS in accordance with Sec. 89.120.

B. Requirement To Issue Serial Numbers

The FAA is proposing in Sec. 89.505 to require the person
responsible for the production of standard remote identification UAS or
limited remote identification UAS to issue a serial number to each
unmanned aircraft that complies with the ANSI/CTA-2063-A serial number
standard. The FAA is proposing to adopt ANSI/CTA-2063-A as the serial
number standard to be used by producers of UAS, and seeks comments on
this approach. The FAA believes the standard is appropriate because it
enables the issuance of unique serial numbers to UAS and promotes
worldwide standardization of UAS remote identification requirements:
The European Commission recently issued rules adopting this
standard.\71\
---------------------------------------------------------------------------

\71\ Commission Delegated Regulation (EU) 2019/945 of 12 March
2019 on unmanned aircraft systems and on third-country operators of
unmanned aircraft systems.
---------------------------------------------------------------------------

The FAA seeks specific comment regarding whether this standard can
be effectively used as a serial number standard for unmanned aircraft
other than small unmanned aircraft.
1. American National Standards Institute/Consumer Technology
Association Standard 2063-A
For the serial number, the FAA is proposing the use of American
National Standards Institute/Consumer Technology Association standard
2063-A (ANSI/CTA-2063-A)--Small Unmanned Aerial Systems Serial Numbers
(September 2019) for the format of the serial number. ANSI/CTA-2063-A
outlines the elements and characteristics of a serial number to be used
by small UAS.\72\ The FAA is proposing the use of ANSI/CTA-2063-A as it
has been specifically developed to provide a format for small UAS
serial numbers. It is the only widely available standard for these
serial numbers. Use of ANSI/CTA-2063-A would provide a single accepted
format for serial numbers, helping to ensure consistency in
transmission of this message element. The FAA seeks feedback from UAS
manufacturers who are assigning serial numbers in accordance with ANSI/
CTA-2063-A, including the type and number of UAS that the serial
numbers are being assigned to.
---------------------------------------------------------------------------

\72\ ANSI/CTA-2063-A--Small Unmanned Aerial Systems Serial
Numbers (September, 2019) available at https://www.cta.tech.
---------------------------------------------------------------------------

2. Incorporation by Reference
The FAA is proposing to incorporate ANSI/CTA-2063-A by reference.
The Office of the Federal Register has regulations concerning
incorporation by reference. These regulations require that, for a final
rule, agencies must discuss in the preamble to the rule the way in
which materials that the agency incorporates by reference are
reasonably available to interested persons, and how interested persons
can obtain the materials. Additionally, the preamble to the rule must
summarize the material.
Interested persons can view ANSI/CTA-2063-A at https://www.cta.tech
by creating a free account and searching under ``Research and
Standards''. At the time of publication of this notice of proposed
rulemaking, the ANSI/CTA-2063-A standard is available for viewing and
download free of charge. ANSI/CTA-2063-A is summarized in the
immediately preceding section, 1. American National Standards
Institute/Consumer Technology Association Standard 2063-A.

C. Requirement To Label UAS

The FAA proposes in Sec. 89.515 that persons responsible for the
production of standard remote identification UAS and limited remote
identification UAS label each UAS with an indication of its remote
identification capability and whether it is a standard remote
identification UAS or a limited remote identification UAS. The FAA
envisions such labels would be useful to UAS operators, FAA inspectors,
investigators, and law enforcement agencies by communicating the
capabilities and restrictions of a particular unmanned aircraft with
respect to remote identification. The label would be affixed to the
unmanned aircraft and would provide a simple and efficient way to
determine the UAS capabilities. The FAA is not proposing a prescriptive
labeling requirement that specifies exactly how a producer would label
an aircraft, what size font to use, where the label would have to be
located, and so on. Due to the variety of UAS models that exist, such a
prescriptive

[[Page 72482]]

requirement would be unnecessarily limiting for UAS producers. Instead,
a producer could label the aircraft by any means as long as the label
is in English, legible, prominent, and permanently affixed to the
unmanned aircraft.

D. Requirement for a UAS To Be Designed and Produced Using an FAA-
Accepted Means of Compliance

According to proposed Sec. 89.510(a)(1) and (3), no person would
be allowed to produce a standard remote identification UAS or a limited
remote identification UAS unless the person obtains FAA acceptance of
the declaration of compliance. The declaration of compliance would
establish that the UAS meets the minimum performance requirements for
standard remote identification UAS or limited remote identification UAS
because it was produced in accordance with an FAA-accepted means of
compliance (see Sec. 89.405) that meets the minimum performance
requirements for standard remote identification UAS or limited remote
identification UAS. Further, Sec. 89.510(a)(2) would require persons
responsible for the production of UAS to meet all requirements of
subpart F.

E. Requirement To Submit a Declaration of Compliance

The FAA is proposing in Sec. 89.520 that a person responsible for
the production of standard remote identification UAS and limited remote
identification UAS be required to submit a declaration of compliance
for acceptance by the FAA. The declaration of compliance would affirm
that the UAS meets the minimum performance requirements for remote
identification by meeting all aspects of an FAA-accepted means of
compliance (e.g., a consensus standard) for UAS with remote
identification equipment. The FAA would rely on the declaration of
compliance to show that the UAS complied with the applicable remote
identification requirements at the time the UAS was produced.
The FAA would not consider a declaration of compliance under this
proposed rule to be an airworthiness certification. UAS that are
certified under the 14 CFR part 21 Airworthiness Certification
processes may have other identification requirements in addition to
those being proposed in this rule.
1. Information Required for a Declaration of Compliance
Proposed Sec. 89.520(b) lists the information that would be
required to be included in a declaration of compliance submitted by a
person responsible for the design or production of a standard remote
identification UAS or limited remote identification UAS. This
information would make clear to the FAA if the producer has
demonstrated compliance with the remote identification equipage
requirements.
The following information would be required in the declaration of
compliance:
(1) The name, physical address, telephone number, and email address
of the person responsible for production of the UAS.
(2) The UAS make and model name.
(3) The UAS serial number, or the range of serial numbers for which
the person responsible for production is declaring compliance.
(4) The means of compliance used in the design and production of
the UAS and whether the UAS is a standard remote identification UAS or
a limited remote identification UAS.
(5) Whether the declaration of compliance is an initial declaration
or an amended declaration, and if the declaration of compliance is an
amended declaration, the reason for the amendment.
(6) A declaration that the person responsible for the production of
the unmanned aircraft system can demonstrate that the UAS was designed
and produced to meet the minimum performance requirements of Sec.
89.310 or Sec. 89.320 by using an FAA-accepted means of compliance.
(7) A declaration that the producer complies with the inspection,
audit, and notification requirements of Sec. 89.510(b).
(8) A declaration that the producer will perform independent audits
on a recurring basis to demonstrate compliance with the requirements of
subpart F of proposed part 89 and will provide the results of those
audits to the FAA upon request.
(9) A declaration that the producer will maintain product support
and notification procedures to notify the public and the FAA of any
defect or condition that causes the UAS to no longer meet the
requirements of subpart F, within 15 calendar days of the date the
person becomes aware of the defect or condition.
The FAA invites comments on whether the previously discussed 15
calendar day notice period is appropriate for the public to gain
awareness of any defect or condition that causes the UAS to no longer
meet the requirements of subpart F.
2. Acceptance of a Declaration of Compliance
As proposed in Sec. 89.525, after a person submits a declaration
of compliance to the FAA, the Administrator would evaluate the
declaration of compliance submitted and may request additional
information (e.g., test results) or documentation, as needed, to
supplement the declaration of compliance. The FAA would evaluate the
declaration of compliance to ensure completeness and compliance with
the requirements of Sec. 89.520(b). After the FAA has finished its
evaluation, the FAA would notify the submitter whether the declaration
of compliance has been accepted or not accepted. The FAA would also
notify the submitter if it determines the submitter has not provided
sufficient evidence to demonstrate compliance. The FAA would also
provide a list of accepted declarations of compliance at https://www.faa.gov.
3. Rescission of FAA Acceptance of a Declaration of Compliance
Pursuant to proposed Sec. 89.530, a declaration of compliance
would be subject to ongoing review by the Administrator. The FAA would
notify a person responsible for the production of standard remote
identification UAS or limited remote identification UAS if a non-
compliance issue has been identified prior to initiating a proceeding
to rescind its acceptance of a declaration of compliance. If the
Administrator determines that it is in the public interest, prior to
rescinding acceptance of a declaration of compliance, the Administrator
could provide a reasonable period of time for the person holding the
declaration of compliance to remediate the noncompliance. A failure to
remediate the noncompliance would result in the rescission of FAA's
acceptance of the declaration of compliance.
As part of the rescission process, the FAA would notify the person
who submitted the declaration of compliance of its decision to rescind
its acceptance by sending a letter of rescission to the email address
on file for such person or entity. The FAA would also send a notice of
rescission to the registered owners of unmanned aircraft listed under a
declaration of compliance that is no longer accepted by the FAA.
Additionally, the FAA would publish a notice of rescission in the
Federal Register to provide notice of the rescission to all interested
or affected parties, which include: (a) The person holding the FAA-
accepted declaration of compliance and (b) the owners and operators of
unmanned aircraft listed in the no longer accepted declaration of
compliance. Lastly, the FAA would publish at https://www.faa.gov a list
of

[[Page 72483]]

declarations of compliance that are no longer accepted.
The FAA could rescind its acceptance of a declaration of compliance
under circumstances including, but not limited to:
(1) A standard remote identification UAS or a limited remote
identification UAS listed under an accepted declaration of compliance
does not meet the minimum performance requirements of Sec. 89.310 for
standard remote identification UAS or of Sec. 89.320 for limited
remote identification UAS.
(2) A previously FAA-accepted declaration of compliance does not
meet the requirements of subpart F of proposed part 89.
(3) The FAA rescinds its acceptance of a means of compliance listed
in a declaration of compliance.
4. Petition To Reconsider the Rescission of FAA Acceptance of a
Declaration of Compliance
The FAA proposes in Sec. 89.530(b) to allow a person who submitted
a declaration of compliance that is no longer accepted or any person
adversely affected by the rescission of the Administrator's acceptance
of that declaration of compliance to petition for a reconsideration of
the decision to rescind its acceptance by submitting a request to the
FAA. For purposes of the reconsideration, those adversely affected by
the rescission of the Administrator's acceptance of a declaration of
compliance includes the owners and operators of unmanned aircraft
listed in the no longer accepted declaration of compliance.
A request for reconsideration would be required to be submitted to
the FAA within 60 calendar days of publication in the Federal Register
of a notice of rescission. A petition to reconsider the rescission of
the Administrator's acceptance of a declaration of compliance would be
required to show that the petitioner is an interested party and has
been adversely affected by the decision of the FAA.
The petition for reconsideration would be required to demonstrate
at least one of the following:
The petitioner has a significant additional fact not
previously presented to the FAA.
The Administrator made a material error of fact in the
decision to rescind its acceptance of the declaration of compliance.
The Administrator did not correctly interpret a law,
regulation, or precedent.
If the FAA chooses to reinstate its acceptance of a declaration of
compliance, it would indicate so by notifying the petitioner, and the
person who submitted the FAA-accepted declaration of compliance (if
different). The FAA would also publish at https://www.faa.gov a list of
declarations of compliance that have been reinstated.
5. Record Retention
The FAA is proposing in Sec. 89.535 to require any person who
submits a declaration of compliance to retain all of the following
information for as long as the UAS listed on that declaration of
compliance are produced plus an additional 24 calendar months:
The means of compliance, all documentation, and
substantiating data related to the means of compliance used.
Records of all test results.
Any other information necessary to demonstrate compliance
with the means of compliance so that the UAS meets the remote
identification requirements and the design and production requirements
of this part.
The person submitting the declaration of compliance would be
required to make the information available for inspection by the
Administrator.

F. Accountability

After obtaining FAA acceptance of their declaration of compliance,
the FAA expects persons responsible for the production of UAS to
monitor all UAS produced under that declaration of compliance to ensure
they comply with the remote identification requirements of the proposed
rule. The FAA expects persons responsible for the production of UAS
with remote identification to take remedial action whenever they become
aware of a lack of compliance with the proposed design and production
regulations.
If the FAA suspects, or becomes aware of, a lack of compliance with
any of the requirements of the proposed rule, the person responsible
for the production of the standard remote identification UAS or limited
remote identification UAS would be required to allow the Administrator
to inspect any associated facilities, technical data, or any UAS
produced, and to witness any tests necessary to determine compliance
with part 89. In addition to any inspection that may be required by the
Administrator from time to time, the person responsible for the
production of UAS with remote identification would be responsible for
performing independent audits on a recurring basis to ensure that the
standard remote identification UAS or limited remote identification UAS
continue to comply with the remote identification requirements of
proposed part 89. The FAA is not proposing a specific timeframe for the
independent audits. It expects that the person responsible for the
production of the UAS would apply industry best practices to determine
when and how often independent audits are needed. However, the FAA
believes these audits would have to occur on a regular basis and as
many times as necessary to ensure continuous compliance with the
technical requirements of the proposed rule. Additionally, all audit
reports would have to be retained and would have to be provided to the
FAA upon request. The FAA requests comments regarding appropriate time
intervals for conducting independent audits, including any time
intervals specified in industry standards related to independent audits
of aviation systems.
As part of the independent audits, a person responsible for the
production of UAS would be responsible for maintaining a product
support and notification system and procedures to notify the public and
the FAA of any defect or condition that may cause a standard remote
identification UAS or limited remote identification UAS to no longer
comply with the remote identification requirements of proposed part 89.
To satisfy these obligations, persons responsible for the production of
UAS would have to monitor their manufacturing processes, UAS
operational usage to the extent the manufacturer has access to such
information, and collection of accident and incident data. The FAA
expects that as part of the monitoring process, producers would
collect, analyze, and provide to the FAA any information that is
furnished by the owners and operators of the UAS with remote
identification. If the FAA identifies a safety issue that warrants
review of a producer's data, records, or facilities, the producers
would have to grant the FAA access to such data, records, or
facilities, and would have to provide all data and reports from the
independent audits and investigations.

XIV. Remote Identification UAS Service Suppliers

The operating rules in subpart B of part 89 would require persons
operating a standard remote identification UAS or limited remote
identification UAS to transmit the remote identification message
elements through an internet connection to an FAA-qualified Remote ID
USS. The FAA intends to provide oversight of the Remote ID USS through
contractual agreements and is therefore not proposing specific rules
related to how the Remote ID USS offer services. This section provides
background information so that persons operating

[[Page 72484]]

standard remote identification UAS or limited remote identification UAS
may understand what the FAA expects a Remote ID USS would be and how it
would be required to provide services to be FAA-qualified.

A. UAS Service Suppliers (USS)

As the FAA looks to innovative solutions to develop UAS traffic
management (UTM), the FAA is partnering with third parties referred to
as UAS Service Suppliers (USS). This proposal defines a USS as any
person (e.g., governmental or non-governmental entity) that is
qualified by the Administrator to provide aviation related services to
UAS. The FAA anticipates that some USS may choose to offer a suite of
different services, while others may choose to specialize in one
service.
The FAA already has leveraged the USS concept successfully in the
implementation of the Low Altitude Authorization and Notification
Capability (LAANC).\73\ In qualifying a USS to be a LAANC service
provider, the FAA uses its acquisition authority to enter into a
Memorandum of Agreement (MOA) with the USS. All prospective USS go
through an onboarding process to become qualified and agree to abide by
a set of documented terms and conditions regarding the technical
administration of the service and how it is administered to the
public.\74\ See 49 U.S.C. 106(l) and (m). The LAANC USS are fully
responsible for the development and operation of the software
applications; the FAA does not provide payment for the development or
operation of LAANC USS products or services. Congress affirmed the USS
model for future UTM-related services in the FAA Reauthorization Act of
2018. Section 376 of Public Law 115-254 recommended that the FAA use
the LAANC model of private sector participation in implementing future
expanded UTM services. The FAA is proposing to use a similar strategy
for remote identification.
---------------------------------------------------------------------------

\73\ LAANC automates significant portions of the application and
approval process for airspace authorizations through an electronic
data exchange with third party USS.
\74\ The terms and conditions the LAANC USS agree to be bound by
are available at: https://www.faa.gov/uas/programs_partnerships/uas_data_exchange/industry/media/uss_operating_rules.pdf.
---------------------------------------------------------------------------

B. Remote ID USS

A Remote ID USS would be a person or entity qualified by the FAA to
provide remote identification services to UAS. A Remote ID USS would
perform four primary functions: (1) Collect and store the remote
identification message elements; (2) provide identification services on
behalf of the UAS operator and act as the UAS operator's access point
to identification services; (3) provide the FAA access to the remote
identification information collected and stored upon request through a
data connection that may be on-demand or a continuous connection
depending on safety and security needs; and (4) inform the FAA when its
services are active and inactive.
Although a USS may be qualified as both a Remote ID USS and a LAANC
USS, the services provided and the terms for providing each service
would be independent from one another. Although the FAA anticipates
that most Remote ID USS would offer their services to the general
public, a Remote ID USS, such as an operator of multiple routine
unmanned aircraft flights, may choose to provide remote identification
services only for its own fleet. Additionally, the FAA expects that the
majority of Remote ID USS would likely come from private industry;
however, the FAA anticipates other Federal agencies may consider
creating a Remote ID USS to manage their own flights. Although some
Remote ID USS may choose to offer their services for free, Remote ID
USS may have a variety of business models and may choose to require a
subscription, payment, or personal information to access that Remote ID
USS.
The FAA does not propose to require a Remote ID USS be universally
compatible with all UAS. That said, the FAA anticipates that some UAS
manufacturers will also be Remote ID USS. In those cases, the Remote ID
USS may choose to only connect to UAS made by the same manufacturer.
This model is similar to how mobile telephone networks sell devices
that can only be used on their networks. The FAA requests comment on
whether manufacturers should be permitted to produce UAS that are only
compatible with a particular Remote ID USS.
Persons operating UAS with remote identification would be required
to interact with a Remote ID USS. The FAA envisions that a UAS operator
would connect to the Remote ID USS through the internet using a variety
of different technologies, such as cellular phone applications, web-
based interfaces, or other tools. The FAA expects some Remote ID USS
may provide UAS operators with a session ID that would be used in place
of the unmanned aircraft serial number to satisfy the UAS
Identification message element requirement. Such Remote ID USS would be
responsible for generating (and maintaining) the session IDs.
To ensure safety in the airspace of the United States, the FAA may
require access to the remote identification message elements
transmitted by UAS with remote identification to Remote ID USS. This
request may take the form of an individual query or a continuous
connection to the Remote ID USS. In addition, the FAA anticipates
providing that information, to other airspace users, authorized Federal
Government partners, and law enforcement entities as discussed in
section XI of this preamble. Upon request, a Remote ID USS would be
required to provide the FAA: (1) The near real-time remote
identification message elements that meet the minimum message element
performance requirements discussed in sections XII.C and XII.D.11 of
this preamble; and (2) stored remote identification data.
Under proposed Sec. 89.135, the Administrator would contractually
require that Remote ID USS retain the remote identification message
elements for no more or less than six months from the date of receiving
the message elements. For enforcement actions against certificate
holders under 49 U.S.C. 44709, the Administrator has six months to
notify the respondent that the FAA will be pursuing enforcement action
against him or her pursuant to 49 CFR 821.33. The FAA believes that a
six-month retention period is the minimum amount of time the FAA needs
to access the remote identification message elements from the Remote ID
USS. Additionally, the FAA believes that six months represents a
balance between security and law enforcement purposes on the one hand
and privacy interests on the other. The FAA requests comments on
whether six months should be the period for retention of the remote
identification message elements by Remote ID USS.
One critical element of implementing remote identification would be
the establishment of a cooperative data exchange mechanism between the
FAA and Remote ID USS. On December 20, 2018, the FAA issued a Request
for Information (RFI), seeking industry participation in developing
remote identification information technology applications and informing
the Remote ID USS technical terms and conditions.\75\ Working with an
industry group selected through the RFI, the FAA intends to establish
the technological

[[Page 72485]]

interfaces between Remote ID USS and the FAA, and demonstrate and
evaluate a prototype remote identification capability. The FAA
anticipates that Remote ID USS will be available to the public by the
effective date of the final rule.
---------------------------------------------------------------------------

\75\ The FAA UAS Remote Identification Request for Information
(RFI), issued December 20, 2018 and amended January 31, 2019 is
available at https://faaco.faa.gov/index.cfm/announcement/view/32514.
---------------------------------------------------------------------------

C. Data Privacy and Information Security

The remote identification message elements that operators would be
required to transmit to a Remote ID USS under this rule would be
considered publicly accessible information. However, the FAA recognizes
the need for privacy of other information that may be voluntarily
provided to a Remote ID USS by an operator, particularly where an
operator would use the Remote ID USS for other value-added services.
The FAA would not have access to information collected by Remote ID USS
other than the remote identification information required by this rule.
The MOA signed by Remote ID USS would require it to agree to
privacy protections of any data that the Remote ID USS would not have
received but for its qualification as a Remote ID USS. This data would
include personally identifiable information received from operators.
The FAA expects that the MOA would require user permission for any data
sharing or additional information gathered by the Remote ID USS.
Prospective Remote ID USS would also be reviewed for consistency with
national security and cybersecurity requirements and export
administration regulations.
The remote identification message elements transmitted by a
standard remote identification UAS or limited remote identification UAS
to a Remote ID USS may be available to the general public. Remote ID
USS would be required to provide to the public, for no cost, the UAS
Identification message element, either the UAS serial number or session
ID. At this time, the FAA does not intend to make registration data
held under 14 CFR part 48 available to Remote ID USS or the general
public. The FAA would provide registration data associated with a
particular serial number or session ID only to law enforcement or the
Federal Government. The FAA welcomes comments on whether it should
provide some fields in the registration database to some or all Remote
ID USS for use by law enforcement or the Federal Government.
For standard remote identification UAS, in addition to transmitting
the message elements to the Remote ID USS, the unmanned aircraft would
broadcast the message elements using radio frequency spectrum in
accordance with 47 CFR part 15 that is compatible with personal
wireless devices. This means that any of the message elements that are
broadcast directly from the unmanned aircraft could be received by
commonly available consumer cellular phone, tablet, or other wireless
device capable of receiving that broadcast. Therefore, any message
element that is broadcast would be publicly available.
All FAA information systems are bound by the security standards
found in FAA Order 1370.121, FAA Information Security and Privacy
Program & Policy. This order defines the minimum standards for data
encryption, privacy protection, and cybersecurity controls. To address
the security of information maintained by third party systems (e.g.,
USS information systems), the FAA would adopt National Institute of
Standards and Technology (NIST) standards to ensure compliance with
their requirements and guidelines where appropriate and would include
them in the technical parameters required by the MOA. The Remote ID USS
and UAS producers would be responsible for ensuring that UAS remote
identification data and connections would be protected against cyber-
attacks.

XV. FAA-Recognized Identification Areas

The FAA is proposing a means for UAS that do not meet the
requirements of standard remote identification UAS under Sec. 89.110
or limited remote identification UAS under Sec. 89.115 to comply with
the intent of this rule. In Sec. 89.120, the FAA is proposing to allow
UAS to operate without remote identification equipment if they do so
within visual line of sight and within certain defined geographic areas
approved by the FAA, called FAA-recognized identification areas. For
UAS not equipped with Remote ID, the way to identify and comply with
the intent of the remote identification rule is to operate within the
FAA-recognized identification areas. The intent is to minimize the
regulatory burden for operators of UAS that do not have remote
identification equipment, while still meeting the intent of the rule.
This proposal would not preclude UAS with remote identification from
operating in or transiting the airspace over FAA-recognized
identification areas; it would simply limit UAS with no remote
identification equipment from operating anywhere else.
UAS with remote identification equipment that operate in or transit
the airspace over FAA-recognized identification areas would be required
to comply with the applicable remote identification requirements in
Sec. 89.105(a) for standard remote identification UAS or Sec.
89.105(b) for limited remote identification UAS. Some UAS manufacturers
may offer an option to modify a UAS originally manufactured without
remote identification to become compliant with the requirements for a
standard remote identification UAS or limited remote identification
UAS. For example, a UAS manufacturer may offer a software update that
would turn the UAS into a standard or limited remote identification
UAS. A UAS that is modified to have remote identification capability
must remotely identify throughout its operation, regardless of where it
is operated. This means that the operator of a modified UAS would have
to follow the requirements for remotely identifying everywhere, even
when flying at FAA-recognized identification areas, including
transmitting to a Remote ID USS. Operators of modified UAS would be
required to subscribe to a Remote ID USS to operate anywhere where
internet connectivity is available, including within an FAA-recognized
identification area. The FAA seeks comments on this requirement.
The FAA recognizes that UAS flying sites exist today without a
significant impact on aviation safety. As proposed in Sec. 89.205,
only a community based organization (CBO) recognized by the
Administrator would be eligible to apply for the establishment of a
flying site as an FAA-recognized identification area to enable
operations of UAS without remote identification within those areas. For
clarification purposes, the concept of FAA-recognized identification
areas proposed in this rule is different and independent from the
fixed-site concept in 49 U.S.C. 44809(c)(1) and a fixed site would not
automatically be approved as an FAA-recognized identification area.
The FAA would maintain a list of FAA-recognized identification
areas at https://www.faa.gov. The location of FAA-recognized
identification areas would be made available to the public to: (1)
Advise UAS operators of where operations of UAS without remote
identification are permitted; (2) advise both manned and unmanned
aircraft operators of where operations of UAS without remote
identification are taking place; and (3) inform security and law
enforcement agencies of where operations of UAS without remote
identification are taking place. Operators of UAS with remote
identification would be able to avoid these locations if they prefer to
operate

[[Page 72486]]

in areas where there are no UAS without remote identification. Law
enforcement and security personnel would be able to identify if a
suspect UAS has remote identification and, if not, determine if it is
legally operating within an FAA-recognized identification area.
The FAA is proposing to accept applications for FAA-recognized
identification areas within 12 calendar months of the effective date of
a final rule. At the end of that 12-month period, no new applications
for FAA-recognized identification areas would be accepted. After that
date, the number of FAA-recognized identification areas could therefore
only remain the same or decrease. Over time, the FAA anticipates that
most UAS without remote identification will reach the end of their
useful lives or be phased out. As these numbers dwindle, and as
compliance with remote identification requirements becomes cheaper and
easier, the number of UAS that need to operate only at FAA-recognized
identification areas would likely drop significantly.
Operating within FAA-recognized identification areas would not
provide relief from other applicable Federal, State, or local laws,
ordinances, or regulations, nor would they provide any authorization to
operate. Operators would remain obligated to comply with all relevant
requirements. The FAA is not proposing any additional or specific
operating rules for operations within the bounds of FAA-recognized
identification areas.

A. Eligibility

The FAA proposes in Sec. 89.205 to only allow a CBO recognized by
the Administrator to apply for the establishment of an FAA-recognized
identification area. For purposes of this rule, a CBO shall have the
meaning ascribed to the term in 49 U.S.C. 44809.\76\
---------------------------------------------------------------------------

\76\ 49 U.S.C. 44809 defines a ``community based organization''
as a membership-based association entity that--(1) is described in
section 501(c)(3) of the Internal Revenue Code of 1986; (2) is
exempt from tax under section 501(a) of the Internal Revenue Code of
1986; (3) the mission of which is demonstrably the furtherance of
model aviation; (4) provides a comprehensive set of safety
guidelines for all aspects of model aviation addressing the assembly
and operation of model aircraft and that emphasize safe
aeromodelling operations within the national airspace system and the
protection and safety of individuals and property on the ground, and
may provide a comprehensive set of safety rules and programming for
the operation of unmanned aircraft that have the advanced flight
capabilities enabling active, sustained, and controlled navigation
of the aircraft beyond visual line of sight of the operator; (5)
provides programming and support for any local charter
organizations, affiliates, or clubs; and (6) provides assistance and
support in the development and operation of locally designated model
aircraft flying sites.
---------------------------------------------------------------------------

Persons requesting the establishment of an FAA-recognized
identification area would do so using an online process. The FAA is
currently working on Advisory Circular (AC) 91-57C, Unmanned Aircraft
Systems--Recreational Operating Standards, which, among other things,
provides the process by which the FAA will recognize an organization as
a Community Based Organization (CBO). The matters addressed in AC 91-
57C directly relate to areas beyond remote identification of unmanned
aircraft systems (e.g., limited recreational operations of unmanned
aircraft) so the FAA intends to publish AC 91-57C in an independent
docket for public comment and expects to finalize it prior to the
publication of the final rule that follows this notice of proposed
rulemaking. One person would be permitted to request multiple sites be
established, provided that person could demonstrate that he or she has
the authority to request establishment on behalf of each site.

B. Process To Request an FAA-Recognized Identification Area

Under the proposed Sec. 89.210, a request to establish an FAA-
recognized identification area would have to be submitted within 12
calendar months from the effective date of a final rule and would have
to include certain specified information, including at a minimum:
The name of the CBO requesting the FAA-recognized
identification area.
A declaration that the person making the request has the
authority to act on behalf of the CBO.
The name and contact information of the primary point of
contact for communications with the FAA.
The physical address of the proposed FAA-recognized
identification area.
The latitude and longitude coordinates delineating the
geographic boundaries of the proposed FAA-recognized identification
area.
If applicable, a copy of any existing letter of agreement
regarding the flying site.\77\
---------------------------------------------------------------------------

\77\ Facility guidance for development of letters of agreement
is outlined in FAA JO 7210.3, Chapter 4, Section 3. Letters of
agreement are formally developed between the ATC facility and the
CBO. They establish items such as the CBO operating areas
(horizontal/vertical dimensions), coordination procedures, hours of
operation, and emergency procedures (e.g., lost link).
---------------------------------------------------------------------------

The process to request establishment of an FAA-recognized
identification area would include an FAA review of each application to
verify safety, security, and eligibility criteria are met. The FAA
could require additional information or documentation, as needed, to
supplement the request for establishment of an FAA-recognized
identification area. Under Sec. 89.215, the Administrator may take
into consideration the following matters when reviewing a request for
establishment of an FAA-recognized identification area:
The effects on existing or contemplated airspace capacity.
The effect on critical infrastructure, existing or
proposed manmade objects, natural objects, or the existing use of the
land, within or close to the FAA-recognized identification area.
The safe and efficient use of airspace by other aircraft.
The safety and security of persons or property on the
ground.
The FAA would maintain a list of FAA-recognized identification
areas at https://www.faa.gov.
The FAA solicits comment on whether the proposed 12 month deadline
for applying for an FAA-recognized identification area should be
extended. The responses should include specific reasons for why or why
not the time period should be extended.

C. Amendment

Under Sec. 89.220, any change to the information submitted in a
request for establishment of an FAA-recognized identification area
would have to be submitted to the FAA within 10 calendar days of the
change. Such changes would include, but not be limited to, a change to
the point of contact for the FAA-recognized identification area, or a
change to the CBO's affiliation with the FAA-recognized identification
area. A request to change the geographic boundaries of the FAA-
recognized identification area may be submitted to the FAA for review
and approval. Any change to the information submitted to the
Administrator would be reviewed under Sec. 89.215 and could result in
the termination of the FAA-recognized identification area pursuant to
Sec. 89.230. The FAA may terminate an FAA-recognized identification
area for cause or upon a finding that the FAA-recognized identification
area may pose a risk to aviation safety, public safety, or national
security, a finding that the FAA-recognized identification area is no
longer associated with a community based organization recognized by the
Administrator, or a finding that the person who submitted a request for
establishment of an FAA-recognized identification area provided false
or

[[Page 72487]]

misleading information during the submission, amendment, or renewal
process.

D. Duration of an FAA-Recognized Identification Area

Under proposed Sec. 89.225, the term of an FAA-recognized
identification area would be 48 calendar months after the date the FAA
approves the request for establishment of an FAA-recognized
identification area.
A person wishing to renew the establishment of an FAA-recognized
identification area would have to submit a request for renewal no later
than 120 days before the expiration date. If a request for renewal is
submitted after that time but prior to the expiration date, the
Administrator could choose not to consider the request. Requests for
renewal submitted after the expiration date of the designation would
not be considered by the Administrator.

E. Expiration and Termination

Unless renewed, an FAA-recognized identification area would be
automatically cancelled as of the day immediately after its expiration
date.
Under proposed Sec. 89.230(b)(1), if a CBO wanted to terminate an
FAA-recognized identification area prior to the expiration date, it
would do so by submitting a request for termination to the
Administrator. Once the CBO has terminated an FAA-recognized
identification area, the CBO may not reapply to have that flying site
reestablished as an FAA-recognized identification area and that site
would no longer be eligible to be an FAA-recognized identification
area. The FAA seeks comment on this approach.
Under proposed Sec. 89.230(b)(2), the FAA would be able to
terminate an FAA-recognized identification area for any reason,
including but not limited to a finding that the designation could pose
a risk to aviation safety, public safety, or national security or that
the person who submitted a request for establishment of an FAA-
recognized identification area provided false or misleading information
during the submission, amendment, or renewal process. Once an FAA-
recognized identification area is terminated by the FAA, a CBO may not
reapply to have the associated flying site reestablished as an FAA-
recognized identification area.

F. Petition To Reconsider the FAA's Decision To Terminate and FAA-
Recognized Identification Area

Under Sec. 89.230(c), a person whose FAA-recognized identification
area has been terminated by the FAA would be able to petition for
reconsideration by submitting a request for reconsideration within 30
calendar days of the date of issuance of the termination.

XVI. Use of ADS-B Out and Transponders

Section 91.225 requires aircraft to be equipped with ADS-B Out by
the year 2020 when operating in certain parts of the airspace of the
United States, including Class A, Class B, Class C, and Class E
airspace above 10,000 feet mean sea level. Additionally, any aircraft
equipped with ADS-B Out must have that equipment on and operating at
all times, regardless of airspace. UAS operated under part 107 are not
required to meet the part 91 ADS-B Out equipage requirement but are
currently not prohibited from doing so.
A recent study showed that the existing ADS-B frequencies cannot
support the projected number of UAS operations, which is likely to
vastly exceed estimates for future manned aircraft operations (e.g.,
unmanned aircraft counts could be 5-10 times that of manned aircraft in
the same airspace volume).\78\ This study's projections led the FAA to
reevaluate current regulations and policies regarding ADS-B Out for
UAS. The FAA is concerned that the potential proliferation of ADS-B Out
transmitters on UAS may negatively affect the safe operation of manned
aircraft in the airspace of the United States.
---------------------------------------------------------------------------

\78\ Guterres, Michael; Jones, Stanley; Orrell, Greg and Strain,
Robert. ``ADS-B Surveillance System Performance With Small UAS at
Low Altitudes'', AIAA Information Systems-AIAA Infotech @Aerospace,
AIAA SciTech Forum, (AIAA 2017-1154). https://doi.org/10.2514/6.2017-1154.
---------------------------------------------------------------------------

The current ADS-B system (which uses two radio frequencies: 978
megahertz (MHz) and 1090 MHz) does not have capacity for significant
growth. The 1090 MHz frequency is also used by the Air Traffic Control
Radio Beacon System (ATCRBS), Traffic Alert and Collision Avoidance
System (TCAS), and Department of Defense IFF (Identification, Friend or
Foe) systems. These systems are already experiencing interference and
other issues in high density areas such as the Northeast corridor and
the Los Angeles area. The 1090 MHz frequency is significantly more
congested than the 978 MHz frequency. The study also looked at the
ability of the 978 MHz frequency to support small UAS operations using
reduced power 978 MHz ADS-B Out avionics.\79\ This study concluded
that, based on the projected number of small unmanned aircraft to be in
operation going forward, 978 MHz could become unusable for manned
aircraft in some areas and blind some FAA ADS-B ground stations,
interfering with the ability of the FAA to provide ATC separation
services. Thus, the FAA concluded that the widespread use of ADS-B Out
for unmanned aircraft, on either 978 or 1090 MHz, would interfere with
the safe operation of manned aircraft in the airspace of the United
States.
---------------------------------------------------------------------------

\79\ Id.
---------------------------------------------------------------------------

The FAA is proposing changes to 14 CFR part 91. Under the proposed
changes, UAS operating under part 91 would no longer be mandated to
equip with ADS-B Out. However, there are certain UAS operations for
which ADS-B Out would be necessary due to existing airspace equipage
requirements or operational necessities. The FAA proposes to require
UAS to operate ADS-B Out in transmit mode when the person operating UAS
is engaged in two-way radio communication with air traffic control and
the operation is conducted under a flight plan. Additionally, the FAA
is proposing to allow the Administrator to authorize the use of ADS-B
Out when appropriate. The FAA envisions that certain unmanned aircraft
receiving ATC services, such as large UAS operating at high altitudes,
would need to be equipped with ADS-B Out because they will routinely be
inhabiting the same airspace as manned aircraft and will need to be
participating in the same air traffic control systems.
To implement these changes in the specific operating rules, the FAA
is proposing to amend Sec. 91.215 to prohibit persons from operating
an unmanned aircraft under part 91 with a transponder on, unless the
operation is conducted under a flight plan and the person operating the
unmanned aircraft system maintains two-way radio communication with air
traffic control or unless otherwise authorized by the Administrator.
The FAA is proposing changes to 14 CFR part 107 to generally
prohibit unmanned aircraft from operating with ADS-B Out. The FAA
envisions that remote identification would provide a similar safety
function for unmanned aircraft and provide similar situational
awareness to various stakeholders. The prohibition would allow ADS-B to
continue to enable the safety of airspace for manned aircraft going
forward. However, the proposal does not prohibit the use of ADS-B In,
if the ADS-B In equipment is manufactured and installed in accordance
with FAA requirements and guidance.\80\
---------------------------------------------------------------------------

\80\ See Advisory Circulars 20-172B and 90-114A.

---------------------------------------------------------------------------

[[Page 72488]]

The FAA is proposing to add Sec. Sec. 107.52 and 107.53 in part
107, to prohibit persons from operating a small unmanned aircraft with
a transponder on or with ADS-B Out equipment in transmit mode, unless
otherwise authorized by the Administrator. These changes are in
addition to the proposed Sec. 89.125 prohibition against using ADS-B
Out equipment to comply with the remote identification requirements of
part 89.

XVII. Proposed Effective and Compliance Dates

The sooner the remote identification of UAS is required, the sooner
law enforcement, security partners, public safety personnel, and the
FAA would be able to locate unsafe and careless operators, bring an end
to the unsafe activity, and educate or conduct enforcement actions as
needed. Until the remote identification of UAS can be implemented, most
allegedly unauthorized UAS sightings remain unverified; incidents
remain unsolved; and operator intention remains unknown, leaving it
unclear if the operator is being careless or is engaged in nefarious
activity. Without the remote identification of UAS, security and law
enforcement agencies are left with few options to stop the unauthorized
activity and address the safety or security risk potentially posed by
the errant or malicious UAS operation.
The FAA believes expedited implementation and effectivity of this
NPRM would protect the interests of operators of manned aircraft,
compliant UAS operators, and the security agencies charged with
protecting lives and property on the ground. Additionally, due to the
essential role of remote identification of UAS in contributing to the
safety and efficiency of the airspace, and its role as a critical tool
in a robust UAS protection security regime, the FAA believes the remote
identification of UAS must be implemented as quickly as possible. In
addition, UAS remote identification is a foundational building block of
UTM and a key stepping stone to the future ability to conduct routine
BVLOS operations.
The FAA proposes a number of requirements for operators and
producers of UAS with remote identification. This rule also includes
proposed requirements for applying for FAA-recognized identification
areas. As with most new regulations, the FAA recognizes that some
elements of this proposal would take time to fully implement. The FAA
also recognizes it would need to quickly implement requirements that
address ongoing safety and security needs. Therefore, the FAA proposes
that a final rule finalizing remote identification requirements would
become effective on the first day of the calendar month following 60
days from the date of publication of the final rule that follows this
proposal.
The FAA finds that CBOs can begin to identify flying sites that
they may wish to apply to have established as FAA-recognized
identification areas immediately. This proposal allows time for CBOs to
evaluate their needs and organize their applications for establishment
of their flying sites as FAA-recognized identification areas. For that
reason, the proposal includes a 12 calendar month period after the
effective date of the rule to make that application. Applications made
before the effective date of the rule, or after the 12-month period,
would not be considered.
Persons responsible for the production of UAS would not be able to
submit declarations of compliance until the FAA accepts at least one
means of compliance. Once a means of compliance is accepted by the FAA,
persons responsible for the production of UAS would need time to
design, develop, and test UAS using that means of compliance. For that
reason, the proposal includes a 24-month period before compliance with
the production requirements proposed in this rule is required. During
this 24-month period, UAS without remote identification can continue to
be produced, sold, and operated in the United States. It also provides
time for the development and deployment of Remote ID USS to support the
requirements of the proposed rule. Prior to the 24-month compliance
date, this proposal allows for the production and operation of both UAS
with and without remote identification.
Requirements that prohibit operation of UAS without remote
identification would begin 36 months after the effective date of the
rule. This 36-month period runs concurrently with the 24-month period
provided for the development of means of compliance, and for the
design, production, and sale of UAS with remote identification. Once
UAS with remote identification are widely available, this proposal
would allow an additional one- year period of time for UAS owners and
operators to purchase and transition to operations of UAS with remote
identification.
The FAA is seeking comments about whether certain UAS operations
currently conducted under waiver, such as operations over people or
nighttime operations, should be required to comply with remote
identification prior to being authorized under a waiver or regulation.
For example, should the FAA require UAS to comply with remote
identification as a condition precedent to granting a nighttime waiver
or authorizing operations over people?
The following are the FAA's proposed compliance dates:

Table 5--Proposed Compliance Dates
------------------------------------------------------------------------
Requirement Compliance date
------------------------------------------------------------------------
Any non-excepted unmanned aircraft First day of the month
weighing more than 0.55 pounds must have following 24 months after
an FAA-accepted declaration of compliance the effective date.
(89.510).
Serial number added to unmanned aircraft ............................
registration.
Requirement to remotely identify (89.105). First day of the month
following 36 months after
the effective date.
The serial number of any UA required to be First day of the month
registered must be listed on an FAA- following 36 months after
accepted declaration of compliance or the the effective date.
UA can only be flown within an FAA-
recognized identification area
(89.110(c)(1) and 89.115(c)(1)).
Submit an application for establishment of First day of the month
an FAA-recognized identification area following 12 months after
(89.210). the effective date.
------------------------------------------------------------------------

The FAA believes that early compliance may benefit both industry
and UAS operators and encourages regulated parties to implement remote
identification of UAS sooner than the compliance dates established in
this proposed rule. The FAA invites comments providing specific
proposals and ideas on how to build an early

[[Page 72489]]

compliance framework into the regulation. The agency is interested in
comments related to how an early compliance framework would work and
how it would fit into the overarching remote identification framework
proposed by the FAA.
The FAA would also consider providing incentives that the FAA can
reasonably provide to parties that adopt remote identification as early
as possible. The FAA invites comments on possible incentives for early
compliance.

XVIII. Proposed Guidance Documents

The FAA is proposing several guidance documents to supplement the
requirements proposed in this rule. Copies of the draft guidance
documents are included in the docket for this rulemaking. The FAA
invites comments regarding these draft advisory materials.
The FAA is proposing a new advisory circular, Means of Compliance
Process for Remote Identification of Unmanned Aircraft Systems. This
advisory circular provides guidance on the means of compliance process
described in part 89. This AC outlines the required information for
submitting a means of compliance.
The FAA is proposing a new Advisory Circular, Declaration of
Compliance Process for Remote Identification of Unmanned Aircraft
Systems. This advisory circular provides guidance on the declaration of
compliance process described in part 89. This AC outlines the required
information for submitting a declaration of compliance.
The FAA is proposing to revise AC 107-2, Small Unmanned Aircraft
Systems, to describe the requirements of remote identification. The
draft AC also describes where the various small UAS would be permitted
to operate.
As noted, the FAA would update the Airman Certification Standards
and remote pilot test questions to reflect the new regulatory
requirements regarding remote identification.
The FAA is proposing a new Advisory Circular for FAA-recognized
identification areas. This advisory circular provides guidance to
persons requesting the establishment of an FAA-recognized
identification area under Sec. 89.210. This AC also provides guidance
for persons responsible for FAA-recognized identification areas, as
well as persons operating UAS at FAA-recognized identification areas
under Sec. 89.120.

XIX. Regulatory Notices and Analyses

Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
of 1979 (Pub. L. 96-39) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, this Trade Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more annually (adjusted
for inflation with base year of 1995). The FAA has provided a more
detailed Preliminary Regulatory Impact Analysis of this proposed rule
in the docket of this rulemaking. This portion of the preamble
summarizes this analysis.
In conducting these analyses, the FAA has determined that this
proposed rule: (1) Has benefits that justify its costs; (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; (3) will have a significant economic
impact on a substantial number of small entities; (4) will not create
unnecessary obstacles to the foreign commerce of the United States; and
(5) will not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector by exceeding the threshold
identified above.

A. Regulatory Evaluation

1. Key Assumptions and Data Sources
The FAA's analysis of the proposed rule is based on findings from
the Unmanned Aircraft Systems Identification and Tracking Aviation
Rulemaking Committee (UAS-ID ARC), as well as data and information from
the FAA and industry stakeholders. The analysis for the regulatory
evaluation is based on the following assumptions and data sources:
A. Retrofits
An important assumption used in this analysis involves the
availability of retrofits. Based on information from UAS producers,\81\
part of the existing fleet of UAS could be retrofit to comply with
remote identification requirements with relative ease and minimal cost
(e.g., by a software update or ``push'' through the internet) and this
could be achieved within the first year after the effective date of the
final rule given the availability of FAA-accepted means of
compliance.\82\ This would enable early compliance with remote
identification for persons operating a portion of the existing UAS
fleet and those UAS purchased during the proposal's 24-month period
before compliance with production requirements.
---------------------------------------------------------------------------

\81\ The FAA received information from industry on the potential
to retrofit during Executive Order 12866 meetings from September
through December, 2019. Information from these meetings will be
available in the docket of this rulemaking. Under Executive Order
12866, OIRA meets on regulatory actions with any interested party to
discuss issues on a rule under review. Under OIRA procedures, the
OIRA Administrator or his/her designee meets with outside parties
during a review and the subject, date, and participants of the
meeting are publicly disclosed on Reginfo.gov along with any written
materials received from outside parties on rules under review
(https://reginfo.gov/public/do/eo/neweomeeting).
\82\ Producers of UAS with Remote ID, including those that
retrofit, would be required to meet proposed performance standards
using an FAA-accepted means of compliance for remote identification.
---------------------------------------------------------------------------

Based on industry information and market research, the FAA
estimates at least 93% of the current part 107 fleet and at least 20%
of the current recreational fleet would be eligible for retrofits, thus
minimizing the costs for operators and producers.\83\ This is based on
industry information suggesting that small UAS at a certain level of
design specification and operational capability would likely have
system and connectivity capabilities that could be retrofit through a
software update.
---------------------------------------------------------------------------

\83\ Assuming retrofits can be made under an FAA-accepted means
of compliance, some producers would not need to delay compliance.
Retrofits may indicate producers need less modification of existing
UAS models to comply with the proposal. In addition, the
availability of retrofits would minimize impacts for some operators
of UAS purchased without remote identification equipment who would
otherwise need to upgrade or buy a new UAS equipped for Remote ID,
especially those operated under part 107 for commercial purposes
that would not receive any commercial value or benefit from
operating at an FAA-recognized identification area.
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The FAA reviewed UAS registered to part 107 operators and found 93%
of the existing part 107 UAS fleet may have technical capabilities to
be retrofit based on information received by industry (i.e., could
support software updates through internet).\84\ The FAA identified

[[Page 72490]]

the top-10 registered aircraft by producer and researched registered
model specifications online. The FAA found each of the registered
models within this group had internet and Wi-Fi connectivity, ability
to transmit data, receive software uploads, and had radio frequency
transceivers, among other technology such as advanced microprocessors.
Figure 1 provides the breakdown of manufacturers of registered part 107
UAS that could retrofit representing 93% of part 107 registered UAS
fleet.
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\84\ This is 93% of the part 107 ``consumer'' grade aircraft
could be retrofit. Additionally, the FAA assumes the entire fleet of
part 107 ``professional'' grade UAS could be retrofit.

Figure 1--Part 107 Unmanned Aircraft Registrations by Manufacturer
----------------------------------------------------------------------------------------------------------------
UAS
Producer/manufacturer registrations-- Percent share of Cumulative
part 107 total percent share
----------------------------------------------------------------------------------------------------------------
DJI.................................................... 252,678 78.1 78.1
Intel.................................................. 13,147 4.1 82.2
Yuneec................................................. 9,725 3.0 85.2
Parrot................................................. 7,928 2.5 87.7
GoPro.................................................. 5,980 1.8 89.5
3dr.................................................... 4,687 1.4 91.0
Holy Stone............................................. 2,580 0.8 91.8
Autel.................................................. 2,677 0.8 92.6
Hubsan................................................. 1,278 0.4 93.0
Kespry................................................. 1,143 0.4 93.3
----------------------------------------------------------------------------------------------------------------
Source: FAA, part 107 UAS Registrations, October 2019 point-in-time count.

The FAA has limited information on the manufacturers and types of
UAS in the recreation fleet because part 48 registration currently
allows limited recreational flyers to register multiple small unmanned
aircraft under a single Certificate of Aircraft Registration. However,
published market information finds 36% of the North America fleet is
manufactured by one producer (DJI) \85\ that provided information to
the FAA suggesting they could retrofit. The FAA estimates that about
20% of the recreational fleet is comprised of aircraft manufactured by
DJI that could be retrofit. This estimate was developed by multiplying
the combined part 107 and recreational unmanned aircraft fleet by 36%,
and then subtracting DJI aircraft registered under part 107.\86\
---------------------------------------------------------------------------

\85\ Source: 2017 Skylogic Research, a firm tracking the drone
industry found 36% of the units sold in North America in the $500 to
$1000 range are manufactured by DJI (https://www.vox.com/2017/4/14/14690576/drone-market-share-growth-charts-dji-forecast). For
purposes of this analysis, the 36 percent is used as a proxy for the
share of DJI units in the U.S. fleet.
\86\ The FAA made the following calculations to estimate the
portion of the modeler fleet that are DJI: (i) Multiplied the year 1
combined UAS sales forecast developed for the proposed rule by 36
percent to estimate the number of DJI units sold for recreational
and part 107 purposes during year 1; (ii) Multiplied the year 1 part
107 sales forecast by 71% to estimate portion of part 107 sales that
were DJI; and, (iii) Subtracted ``b'' from ``a'' to estimate year 1
recreational sales of DJI units. Based on these calculations, DJI
recreational units sold in year 1 accounted for about 20% of the
recreational units sold in year 1.
---------------------------------------------------------------------------

Therefore, the FAA assumes UAS purchased in year 1 that are
retrofit would allow the aircraft to ``continue flying'' under the
limited or standard remote identification requirements after the
compliance date of the final rule. UAS sold in year 1 that could not be
retrofit would likely not meet the limited or standard remote
identification requirements after year 3. Persons that own unmanned
aircraft in this group of ``legacy'' UAS without remote identification
equipment would have potential ``loss of use'' associated impacts since
this proposal does not include grandfathering.\87\ The retrofit
assumptions above were used in this analysis to estimate the effects of
retrofits on the costs of the proposal and its compliance period.
---------------------------------------------------------------------------

\87\ Persons operating UAS without remote identification
equipment would always be required to operate within visual line of
sight and within an FAA-recognized identification area. Persons
operating UAS without remote identification equipment would need to
travel and incur costs of operating within an FAA-recognized
identification area.
---------------------------------------------------------------------------

The FAA requests comments on the capability of retrofits to meet
the proposed remote identification requirements. Specifically, the FAA
requests information and data from producers of affected UAS in
response to the following questions that can be used to inform this
analysis. Please provide references and sources for information and
data.
As a producer of UAS affected by this proposal, would you
be able to retrofit your current UAS models to comply with the proposed
rule given the availability of FAA-accepted means of compliance?
Do you have information that would assist in the early
development of means of compliance that would be available for
retrofits for the following scenarios a) before the effective date of
the final rule, which is 60 days after the publication date of the
final rule, and b) within one year after effective date of the final
rule?
Would it be possible to retrofit by a software or firmware
update through an internet download?
How would a retrofit solution meet the proposed tamper
resistance and labelling requirements? Would a software push be able to
meet requirements for tamper resistance or would it require hardware?
How would you meet labelling requirements under a retrofit scenario
(e.g., would you mail the label)?
Would retrofits meet the limited or standard remote
identification requirements?
What are the costs of retrofits to the producer and the
owner/operator?
In lieu of a software push through the internet, what
other methods could producers use to facilitate retrofits (e.g., mail-
in programs or physical retrofit drop-off locations)?
If retrofits are not an option for certain makes and
models, would you offer operators ``buy-back'' or ``trade-in''
incentives to replace UAS without remote identification equipment? If
so, please describe the incentive and the process.
The FAA also solicits comments on the capability of
producers of UAS weighing greater than 55 pounds to retrofit aircraft
to be compliant with remote identification requirements.
B. Period of Analysis & Valuation of Impacts
The analysis uses 2019 constant dollars. Year 1 of the
period of analysis, which would correlate with the effective date of
the final rule, is used as the base year.
The FAA uses a ten-year time period of analysis to capture
the effects

[[Page 72491]]

of the proposed compliance period and recurring effects of the proposed
rule.\88\
---------------------------------------------------------------------------

\88\ The FAA typically uses a five-year time period for
Regulatory Impact Analysis of UAS rulemakings to align with
historical and current FAA UAS Forecasts (see https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/Unmanned_Aircraft_Systems.pdf). In addition, the FAA acknowledges
uncertainty in estimating incremental impacts of this proposed rule
beyond five years due to rapid changes in UAS technology and
innovation.
---------------------------------------------------------------------------

The analysis includes the proposed two-year phase-in
period for compliance by persons responsible for the production of UAS
from the effective date of the rule. Operators have one additional year
beyond this compliance date to comply with the provisions of the final
rule.
The FAA uses a three percent and seven percent discount
rate to quantify present value costs and cost savings as prescribed by
OMB in Circular A-4.\89\
---------------------------------------------------------------------------

\89\ OMB Circular A-4, Regulatory Analysis (2003), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------

C. Affected UAS Fleet/Characteristics
The analysis of costs and cost savings of this proposed
rule are based on the fleet forecast for small unmanned aircraft as
published in the FAA Aerospace Forecast 2019-2039.\90\ The forecast
includes base, low, and high scenarios. The analysis provides a range
of net impacts from low to high based on these forecast scenarios. The
FAA considers the primary estimate of net impacts of the proposed rule
to be the base scenario.
---------------------------------------------------------------------------

\90\ FAA Aerospace Forecast Fiscal Years 2019-2039 at 30-33,
available at http://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf
---------------------------------------------------------------------------

Based on the FAA fleet forecast for small unmanned
aircraft, the FAA estimates the average number of aircraft owned by
each part 107 operator to be 2.4 and the average number owned by each
recreational flyer to be 1.4 aircraft. The FAA assumes the average
lifespan for unmanned aircraft operated by these two groups is three
years based on FAA research related to the its annual aerospace
forecast, UAS registration information, information from recreational
and model unmanned aircraft owners, and a review of literature.\91\
---------------------------------------------------------------------------

\91\ A review of articles and papers further supports an average
three-year lifespan for a small UAS. The review found life
expectancy is influenced by many factors, such as flight conditions,
frequency of use, and quality of maintenance. Lifespan is also
affected by rapid advances in technology, which can result in
``planned obsolescence'' of older UAS models due to manufacturers
advancing new capabilities that drive consumer satisfaction and
demand at additional costs. UAS lifespan is expected to last similar
to other consumer electronics within the same price range. In the
United States, smart phones are replaced after 32 months, on
average, while laptops have an average lifespan of 2-4 years (see
the 2018 NPD Mobile Connectivity Report; https://www.npd.com/wps/portal/npd/us/news/press-releases/2018/the-average-upgrade-cycle-of-a-smartphone-in-the-u-s--is-32-months---according-to-npd-connected-intelligence/). Other information published by the European Union
Aviation Safety Agency (``EASA''; https://www.easa.europa.eu/sites/default/files/dfu/GTF%20-%20Report_Issue2.pdf#page=93&zoom=100,0,13.
p.47), the Civil Aviation Authority of Israel (https://en.globes.co.il/en/article-proposals-drawn-up-for-regulating-drones-in-israel-1001270656), and academia (see for example, http://eng.fau.edu/research/fmri/pdf/Y1R1-17_Final_figliozzi.pdf, p. 34),
suggests the range is probably one year to three years, with EASA
suggesting a span of one to four years.
---------------------------------------------------------------------------

The FAA assumes members of a nationwide community based
organization own, on average, two aircraft,\92\ which may have an
average lifespan that exceeds ten years. As a result, members of a
nationwide community-based organization may not incur the same pattern
of maintenance and replacement costs as other recreational flyers.\93\
---------------------------------------------------------------------------

\92\ The FAA has heard that the Academy of Model Aeronautics
(AMA) has a membership of about 200,000 and each member has nine
aircraft on average. This would equate to a 1,800,000 AMA Fleet. The
FAA plans to reach out to the AMA to confirm the average number of
unique aircraft owned by its members (i.e., an estimate adjusted for
double-counting of shared aircraft that includes operational
aircraft weighing more than 0.55 pounds)
\93\ Based on research of ownership trends and discussions with
UAS enthusiasts, the FAA assumes that CBO members spend more money
to purchase or build their model aircraft and to maintain their
aircraft such that the aircraft last much longer than that of the
``average'' recreational flyer. Additionally, members of CBOs are
expected to own more model aircraft, on average, compared to other
recreational flyers.
---------------------------------------------------------------------------

D. Producers (Manufacturers)
Based on the FAA part 48 unmanned aircraft registry, the
FAA estimates that 83 percent of small unmanned aircraft sold in the
United States are produced by foreign entities.
Each UAS producer will incur an estimated one-time cost of
$313 for the purchase of a remote identification standard from a
consensus standards body.\94\
---------------------------------------------------------------------------

\94\ https://my.rtca.org/nc__store?category=a0L36000003g7jDEAQ.
Accessed November 13, 2018. Average price for the 11 unmanned
aircraft standards available at the RTCA website. The 11 standards
range in price from $140 to $675 for an average of $313.
---------------------------------------------------------------------------

The FAA estimates that potentially as many as 157 U.S. and
324 foreign producers would submit a declaration of compliance for 313
U.S. and 787 foreign models of UAS for FAA acceptance by year 1 or 2 of
the analysis period depending on their ability to retrofit.\95\ During
each of the remaining years of the analysis period, the FAA assumes an
additional nine new producers would submit a declaration of compliance
annually for one model of unmanned aircraft each, and nine new models
will be produced by preexisting producers, for a total of eighteen new
models of UAS annually.\96\
---------------------------------------------------------------------------

\95\ Based on analysis of the Association for Unmanned Vehicle
Systems International (AUVSI) Unmanned Systems & Robotics Database.
\96\ Based on analysis of the Association for Unmanned Vehicle
Systems International (AUVSI) Unmanned Systems & Robotics Database.
---------------------------------------------------------------------------

The FAA assumes that five percent of the declarations of
compliance submitted by persons responsible for the production of
standard remote identification UAS and limited remote identification
UAS to the FAA would not be accepted. The declaration of compliance
would then be rewritten and resubmitted to the FAA for acceptance, and
the FAA would accept the resubmission.
Producers will maintain product support and notification
procedures to notify the public and the FAA of any defect or condition
that causes the UAS to no longer meet the requirements of proposed part
89.
E. Remote ID USS
The FAA estimates that ten entities will request to become
Remote ID USS and nine of the entities will be approved by the FAA by
the end of year 1 in the analysis period. For each of the nine
remaining years of the analysis period, the FAA assumes one additional
entity will request to become a Remote ID USS annually which will then
be approved by the FAA.\97\
---------------------------------------------------------------------------

\97\ Source: FAA subject matter expert.
---------------------------------------------------------------------------

Each Remote ID USS applicant will be required to submit an
application package to the FAA requesting to become an FAA-qualified
Remote ID USS. The FAA determines that each application package
submitted will not exceed 40 pages \98\ and will take the applicant 25
hours per page to complete at a fully burdened wage of $92.72 per hour
(a fully burdened wage includes pay and benefits).\99\
---------------------------------------------------------------------------

\98\ See Section 6.5 Application Package Specifics, page 8.
(Source: https://www.faa.gov/uas/programs_partnerships/data_exchange/laanc_for_industry/media/FAA_USS_LAANC_Onboarding_Process.pdf.) The FAA determines that the
Remote ID USS applicant package will be more complex than the
application package for LAANC.
\99\ Based on information from the regulatory analysis of the
2019 proposed rule, Operations of Small Unmanned Aircraft Systems
Over People (https://www.regulations.gov/docket?D=FAA-2018-1087).
The regulatory analysis estimated it would take a small UAS
manufacturer 25 hours per page of representative activity to compile
information, draft, review, and approve remote pilot operating
instructions. This estimate is used as a proxy for the time required
by a USS service provider applicant to complete each page of the
application package submitted to the FAA.

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[[Page 72492]]

The FAA assumes each entity operating a UAS would be
required to subscribe to a Remote ID USS at a rate of $2.50 per month
or $30 per year.\100\ Entities that operate UAS without remote
identification may only operate within FAA-recognized identification
areas and are not required to subscribe to a Remote ID USS.
---------------------------------------------------------------------------

\100\ FAA review of subscription costs to USS for LAANC range
from 0$ to $5 per month. The average of $2.50 is used for the
regulatory analysis. In this analysis, the FAA assumes the
subscription cost will be a flat rate and will not vary by the
number of UAS operated by an entity. UAS service providers may
charge additional fees for other services not related to this
proposed rule.
---------------------------------------------------------------------------

F. Other
The FAA assigns the United States Department of
Transportation guidance on the hourly value of travel time savings for
personal purposes (for limited recreational flyers only). This value is
equal to $14.21 per hour and is applicable for the ten-year analysis
period.\101\
---------------------------------------------------------------------------

\101\ Time savings is estimated to be median hourly wage plus
benefits as described in the U.S. Department of Transportation
Revised Departmental Guidance on Valuation of Travel Time in
Economic Analysis (Sept. 27, 2016).
---------------------------------------------------------------------------

The FAA assumes that all Academy of Model Aeronautics
(AMA) flying sites will submit requests to become FAA-recognized
identification areas, and that 90 percent of the requests will be
approved. The remaining ten percent are assumed to be in sensitive
areas and therefore will not be approved to become an FAA-recognized
identification area.
The FAA estimates it will conduct 2,002 investigations of
UAS incidents annually for each year of the analysis period and that
each investigation will range between 1 and 40 hours.\102\
---------------------------------------------------------------------------

\102\ The FAA conducted 2,002 investigations in FY 2018.
---------------------------------------------------------------------------

The FAA requests comments, with supporting documentation, on these
assumptions.
2. Benefits Summary
The FAA is proposing to require the remote identification of UAS
operating in the airspace of the United States. Remote identification
of UAS provides situational awareness of operations conducted in the
airspace of the United States, fosters accountability of the operators
and owners of UAS, and improves the capabilities of the FAA and law
enforcement to investigate and mitigate careless, hazardous, and
noncompliant operations. The ability to know the location of UAS
operating in the airspace of the United States, and to identify and
locate their operators, creates a safer environment. This, in turn,
enhances safety in air commerce and the efficient use of the airspace
of the United States.
First and foremost, the implementation of these proposed remote
identification requirements would allow the FAA, as well as law
enforcement entities, to have access to new information to help them be
better able to perform their responsibilities in protecting users of
the airspace as well as people and property on the ground. Remote
identification of UAS would enable the FAA, national security agencies,
and law enforcement entities to have near real-time awareness of UAS
users in the airspace of the United States. This information could be
used to distinguish compliant operators from those potentially posing a
safety or security risk.
There has been an increase in UAS sightings near airports, some of
which have caused travel disruptions and significant financial
costs.\103\ While remote identification alone will not stop such
occurrences, the FAA expects the duration of the event can be reduced
by the remote identification capabilities in this proposed rule.\104\
London's Gatwick Airport was closed due to unmanned aircraft sightings
in July 2017 and again in December 2018. In July 2017, a spokesperson
for the airport reported that operations were suspended twice in one
day, for a period of nine minutes, and again for a period of five
minutes. In the December 2018 incident, Gatwick was closed twice during
the holiday travel rush, once for almost 36 hours as police worked to
identify those operating unmanned aircraft in the area.\105\ The
December closures affected approximately 150,000 passengers and
resulted in approximately 1,000 flight cancellations,\106\ which cost
the airlines and the airport approximately $64.5 million \107\ and $20
million, respectively.\108\ Flights at London Heathrow Airport were
suspended in January 2019 after a sighting of an unmanned
aircraft.\109\ The suspension of flights lasted approximately one hour.
---------------------------------------------------------------------------

\103\ The FAA has been compiling a database of UAS sightings
since November 2014. The database is compiled mostly from reports by
pilots submitting statements of possible UAS sightings or encounters
to the FAA's air traffic control facilities, but it also contains
reports submitted by the general public, law enforcement, air
traffic controllers, and others. The reports typically involve
sightings of UAS operating around airports or airborne manned
aircraft. The FAA analyzed 7,285 records from the database for the
48-month period starting with January 2015 and going through
December 2108. During this time, UAS sightings have increased almost
two fold, going from about 100 reports per month to just under 200
reports per month. The FAA acknowledges that the data is often not
sufficient for the FAA to conduct investigations, and that reported
sightings could involve UAS operating in a safe and authorized
manner. However, the increase in reported sightings is indicative of
a proliferation of UAS operating in the airspace.
\104\ http://www.digitaljournal.com/tech-and-science/technology/q-a-recent-airport-shutdowns-need-drone-interdiction-technology/article/543680. Accessed February 26, 2019.
\105\ https://www.theguardian.com/uk-news/2018/dec/21/gatwick-airport-reopens-limited-number-of-flights-drone-disruption. Accessed
February 26, 2019.
\106\ https://www.independent.co.uk/travel/news-and-advice/gatwick-drones-arrests-flight-delay-cancelled-airport-christmas-travel-latest-update-a8695846.html. Accessed February 26, 2019.
\107\ http://fortune.com/2019/01/22/gatwick-drone-closure-cost/.
Accessed February 26, 2019. Extrapolated from EasyJet's announcement
that it lost $19.3 million in revenue and customer welfare costs
during the shutdown. EasyJet reported 400 flight cancellations, and
that the incident affected 82,000 of their passengers, for whom it
paid an average of $160.90. Accessed February 26, 2019.
\108\ https://www.independent.co.uk/travel/news-and-advice/gatwick-drone-airport-cost-easyjet-runway-security-passenger-cancellation-a8739841.html. Accessed February 26, 2019.
\109\ https://www.thenational.ae/world/europe/flights-briefly-stopped-at-heathrow-airport-over-drone-sighting-1.810964. Accessed
February 26, 2019.
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The Dubai International Airport experienced closures due to
unauthorized unmanned aircraft activity in 2015, 2016, and 2019.\110\
In 2015, the unauthorized activity caused the airport to shut down for
55 minutes. In 2016, unauthorized UAS activity closed the airport three
more times. Two of the closures lasted 30 minutes each, and one closure
lasted for 115 minutes. Estimated losses for the three closures that
occurred in 2016 totaled $16.6 million.\111\ During the airport's most
recent closure (February 2019), flight departures were suspended for 32
minutes. According to the Emirates Authority for Standardization and
Metrology, airports in the United Arab Emirates suffer financial losses
averaging $95,368 per minute due to unauthorized UAS activity.
---------------------------------------------------------------------------

\110\ http://www.digitaljournal.com/tech-and-science/technology/q-a-recent-airport-shutdowns-need-drone-interdiction-technology/article/543680.
\111\ https://www.arabianbusiness.com/content/375851-drone-costs-100000-minute-loss-to-uae-airports.
---------------------------------------------------------------------------

In the United States, New Jersey's Newark Liberty International
Airport experienced a closure in January 2019 after receiving two
separate reports of a UAS sighting. The FAA reported that 43 flights
were required to hold while nine flights were diverted during the event
that lasted for 21 minutes.\112\ On February 21, 2019, flights at
Dublin Airport in Ireland were delayed for 30 minutes due to
unauthorized unmanned aircraft activity, and on March 22, Frankfurt
International Airport

[[Page 72493]]

suspended operations for 29 minutes after an unmanned aircraft was
spotted in the area.113 114 Frankfurt International Airport
was closed again on May 9 for a period of 28 minutes due to a UAS
sighting. The May 9 closure resulted in the cancellation of 143
departures with an additional 48 arrivals diverted to other
airports.\115\
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\112\ https://www.reuters.com/article/us-usa-drones/faa-details-impact-of-drone-sightings-on-newark-airport-idUSKCN1PH243. Accessed
February 26, 2019.
\113\ https://dronelife.com/2019/02/22/flights-were-grounded-at-dublin-airport-after-another-drone-sighting/. Accessed February 26,
2019.
\114\ https://www.ecnmag.com/news/2019/03/drone-sightings-interrupt-germanys-frankfurt-airport.
\115\ https://www.france24.com/en/20190509-drone-sighting-briefly-grounds-flights-frankfurt-airport.
---------------------------------------------------------------------------

Currently, personnel that conduct law enforcement and compliance
activities lack the ability to have near real-time awareness of UAS
users in the airspace of the United States. These challenges are an
impediment to the FAA's mission of ensuring the safety of the airspace
of the United States. For example, over 200 unmanned aircraft were
detected in the no-fly-zone of the 2018 Albuquerque International
Balloon Fiesta in spite of the FAA prohibition.\116\ This proposed rule
could have aided the FAA to identify the operators of these unmanned
aircraft.
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\116\ https://www.krqe.com/news/balloon-fiesta/hundreds-violate-faa-s-no-drone-fly-zone-at-balloon-fiesta/1510662538. Accessed
December 18, 2018.
---------------------------------------------------------------------------

The FAA believes this proposed rule is crucial for the development
of UTM, which would enhance the safety and efficiency of the airspace
of the United States. The FAA is collaborating with other government
agencies and industry stakeholders to develop UTM, which would be
separate from, but complementary to, the ATM system. As of mid-December
2018, there were 1.27 million unmanned aircraft in the unmanned
aircraft registry. This is over five times greater than the number of
active manned aircraft registered with the FAA. While ADS-B is
currently used to track manned aircraft and is mandated for manned
aircraft in certain airspace after January 1, 2020, it was not designed
to incorporate millions of unmanned aircraft on the same network.
Instead, the FAA envisions a community-based traffic management system,
where UAS operators have the responsibility to participate in a safe
operating environment. This vision for UTM includes services for flight
planning, communications, separation, and weather, among others.
The FAA also believes remote identification would provide greater
situational awareness of UAS operating in the airspace of the United
States to other aircraft in the vicinity of those operations, and
provide information to airport operators. Manned aircraft, especially
those operating at low altitudes where UAS operations are anticipated
to be the most prevalent, such as helicopters and agricultural
aircraft, could carry the necessary equipment to display the location
of UAS operating nearby. In addition, we expect towered airports will
use remote identification information for situational awareness,
especially for landing and takeoff operations. Further, an aircraft
preparing to take off from a non-towered airport in Class G airspace
may have access to greater information than is currently available.
Remote identification is a key stepping stone to facilitating the
ability to conduct BVLOS operations. While the FAA acknowledges remote
identification of UAS does not, in and of itself, permit BVLOS
operations, without remote identification of UAS, BVLOS operations on a
large scale are not feasible. BVLOS operations are expected to replace
riskier manned activities and to also create new economic
opportunities. When UAS are transmitting and broadcasting, as
appropriate, remote identification information, they are contributing
to a cooperative operating environment which supports detect-and-avoid
and aircraft-to-aircraft communication systems that could aid in
unmanned aircraft collision avoidance. Remote identification would help
enable these operations to occur on a routine basis, rather than
through the waiver process.
BVLOS operations enable entities to conduct activity which may
otherwise be too expensive, too dangerous, or too impractical to carry
out.\117\ For example, BVLOS operations allow unmanned aircraft to
collect data at costs less than those incurred using the more
traditional methods of manned aircraft or satellites.\118\ Cost savings
from the use of unmanned aircraft for BVLOS operations is validated in
a Precision Hawk case study. In this study, the costs of power line
inspections using unmanned aircraft versus a manned helicopter were
compared.\119\ In the electric utilities industry, high tension power
lines must be inspected on a regular basis, and these inspections are
typically performed with manned helicopters. While requirements and
methodologies vary, helicopter inspection costs could range from $40 to
$700 per mile.\120\ Conversely, utility companies operating UAS BVLOS
could spend $10 to $25 per mile of inspection. Based on these costs,
the Precision Hawk Study estimates a potential savings of approximately
$9 million over a five-year period for a company that must inspect
10,000 miles of power lines per year.\121\
---------------------------------------------------------------------------

\117\ https://www.precisionhawk.com/beyond-visual-line-of-sight-bvlos-drone-operations/. Accessed December 19, 2018.
\118\ Ibid.
\119\ Ibid.
\120\ Ibid.
\121\ Ibid.
---------------------------------------------------------------------------

UAS remote identification and BVLOS operations would enable
entities to conduct dangerous activities with unmanned aircraft. While
UAS remote identification itself does not prevent accidents, accidents
involving unmanned aircraft typically have a much lower threat to human
life than do accidents involving manned aircraft. One example of an
accident where injury could possibly have been prevented if a UAS was
substituted for a manned aircraft was for a power line inspection near
BWI Marshall Airport, MD Amtrak Rail Station. The helicopter used to
perform the inspection crashed, resulting in injuries to the
helicopter's three occupants, and subsequently started a brush fire
that resulted in a service interruption for Amtrak passengers
travelling between Washington, DC,\122\ and Baltimore, Maryland. In May
of 2018, a helicopter performing a routine transmission line inspection
crashed in Louisiana when its landing gear became entangled in
transmission lines. Of the three people on board the helicopter, one
was killed, and the other two were injured.\123\ This loss of life
could possibly have been prevented if the inspection had been conducted
with a UAS instead of a manned helicopter. In addition to replacing
manned aircraft for utility inspections, UAS can also eliminate the
need for workers to climb to dangerous heights for inspection of power
lines, cellular towers, and wind turbines.\124\
---------------------------------------------------------------------------

\122\ https://baltimore.cbslocal.com/2016/04/16/helicopter-crash-reported-near-bwi-airport/. Accessed December 19, 2018.
\123\ https://www.nola.com/traffic/index.ssf/2018/05/victims_in_fatal_boutte_helico.html.
\124\ https://www.powermag.com/using-drones-to-increase-net-safety-in-the-utility-sector/?pagenum=1. There are approximately
52,000 utility-scale wind turbines in the United States.
---------------------------------------------------------------------------

This proposed rule would assist government efforts to address
illegal activity and protect national security. Criminal operations
create a direct threat to national security and public safety and also
pose severe hazards to safety in air commerce. Such risks are
multiplied with the increasing sophistication of technology, the
availability of UAS equipment, and the enabling of additional types of

[[Page 72494]]

operations across the airspace of the United States. The FAA recognizes
the increasing availability and potential use of UAS for illegal
activities such as the carrying and smuggling of controlled substances,
illicit drugs, and other payloads; the unlawful invasion of privacy;
illegal surveillance and reconnaissance; the weaponization of UAS;
sabotaging of critical infrastructure; property theft; disruption; and
harassment. With this proposed rule, the FAA, first responders, and law
enforcement officers would be able to more easily determine who is
operating in the airspace and assist in identifying anomalies or
dubious operations to determine whether action is warranted to ensure
the safety and security of the airspace of the United States and the
people on the ground.
Safety and security enforcement can be extremely difficult absent a
remote identification requirement that enables the prompt and accurate
identification of UAS and their operators. Recently, there have been
several instances of unmanned aircraft operating illegally in the areas
of wildfires where the FAA typically implements temporary flight
restrictions to support U.S. Forest Service activities. Aerial
firefighting aircraft typically fly in smoky, windy, turbulent
conditions, and unauthorized unmanned aircraft flights near a wildfire
could cause injury or death to firefighters and pilots because
firefighting aircraft typically fly at very low altitudes, which
creates an environment for mid-air collisions.\125\ If unmanned
aircraft are detected in an unauthorized area, firefighting aircraft
could be grounded. The effects of lost aircraft flying time can be
compounded by flames moving into untreated terrain, potentially
threatening lives and property.\126\
---------------------------------------------------------------------------

\125\ https://www.usda.gov/media/blog/2016/08/10/unauthorized-drones-near-wildfire-can-cost-and-kill. Accessed December 21, 2018.
\126\ https://www.usda.gov/media/blog/2016/08/10/unauthorized-drones-near-wildfire-can-cost-and-kill. Accessed December 21, 2018.
---------------------------------------------------------------------------

The U.S. Department of Interior tracks private unauthorized
unmanned aircraft incursions over wildland fires. In their first year
of reporting (2014), there were two incursions of unauthorized unmanned
aircraft over wildland fires. In 2015, the number of unauthorized
unmanned aircraft incursions increased six-fold from the prior year to
total 12 incursions.\127\ By 2016, there were 42 unauthorized unmanned
aircraft incursions over wildland fires.\128\ Of these 42 incursions,
12 resulted in delays of aerial support to firefighters, and several
incursions resulted in fire suppression aviators taking evasive action
to avoid collisions with unmanned aircraft. During 2017, aerial
wildland firefighting efforts ceased 25 times due to unauthorized
unmanned aircraft incursions.\129\ The most recent report published by
the U.S. Department of Interior (August of 2018) shows that
firefighting efforts were impacted 15 times due to unauthorized
unmanned aircraft incursions over wildland fires.\130\
---------------------------------------------------------------------------

\127\ https://www.doi.gov/pressreleases/interior-expands-information-sharing-initiative-prevent-drone-incursions.
\128\ Ibid.
\129\ https://www.firehouse.com/tech-comm/drones/article/12396869/the-lovehate-relationship-between-drones-wildland-firefighters. Accessed December 18, 2018.
\130\ https://www.doi.gov/sites/doi.gov/files/uploads/2018_wildland_fire_incursion_events_of_unauthorized_uas.pdf.
---------------------------------------------------------------------------

Delaying firefighting missions creates significant costs and can
also delay transportation of firefighters to different locations.\131\
During the Lake Fire in California's San Bernardino County in 2015,
three planes carrying flame retardant were prevented from dropping
their cargo due to interference from a private unmanned aircraft
operating in the vicinity and contrary to rules.\132\ One aircraft was
able to drop its retardant on a different fire, but the other two
aircraft had to jettison retardant because they would not be able to
land otherwise due to aircraft weight. Officials stated that the failed
mission cost between $10,000 and $15,000.
---------------------------------------------------------------------------

\131\ https://www.doi.gov/sites/doi.gov/files/uploads/2018_wildland_fire_incursion_events_of_unauthorized_uas.pdf.
\132\ https://arstechnica.com/tech-policy/2015/06/drone-flying-over-forest-fire-diverts-planes-costs-us-forest-service-10k/.
Accessed December 21, 2018.
---------------------------------------------------------------------------

Similarly, a State senator from Utah stated that costs for fighting
a fire 300 miles south of Salt Lake City would have been lower instead
of actual costs of over $10 million if five unmanned aircraft flights
had not interfered with firefighting efforts.\133\ Likewise, in the
Pinal Fire (Arizona) that occurred during May of 2017, at least four
separate incidents involving unauthorized unmanned aircraft hindered
firefighting operations.\134\ Each of the four incidents involved
recreational users. In one of the incidents, an air tanker flying over
the fire was forced to release its retardant at a higher altitude for
safety reasons, which reduced the retardant's effectiveness for
smothering fire. Likewise, unmanned aircraft disrupting fire-fighting
efforts at the Lightner Creek Fire (Colorado) in 2017 resulted in two
air tankers jettisoning 1,600 gallons of retardant at a cost of
approximately $8,000 to $10,000.\135\ Lastly, during the Pole Creek
Fire (Utah) during October of 2018, all firefighting aircraft in the
area were grounded, as well as three helicopters that had been
supporting ground crews, due to unmanned aircraft flying in airspace
with a temporary flight restriction.\136\
---------------------------------------------------------------------------

\133\ https://apnews.com/0e8053dc251f4efbacbd249f3aa8573c.
Accessed December 21, 2018.
\134\ https://wildfiretoday.com/2017/05/26/drones-interfere-with-aviation-operations-on-pinal-fire/.
\135\ https://durangoherald.com/articles/169962
\136\ https://universe.byu.edu/2018/09/21/firefighters-make-headway-fighting-pole-creek-bald-mountain-fires-1/
---------------------------------------------------------------------------

In addition to the remote ID requirements of this proposed rule,
this rulemaking proposes that recreational flyers have a single
Certificate of Aircraft Registration for each unmanned aircraft
operated. Currently, the FAA does not have aircraft-specific data for
aircraft operated by recreational flyers. This means that the FAA does
not have a data set that includes the serial numbers of all unmanned
aircraft registered under part 48, and thus cannot correlate the
registration data to the remote identification data which would be
transmitted and broadcast, as appropriate, by unmanned aircraft under
the proposed rule. Similarly, the FAA is proposing to allow a person to
operate foreign-registered civil unmanned aircraft in the United States
only if the person submits a notice of identification to the
Administrator. These registration and notification requirements are the
foundation for both identifying aircraft and for promoting
accountability and the safe and efficient use of the airspace of the
United States. The lack of aircraft-specific data inhibits the FAA and
law enforcement agencies from correlating the remote identification
data proposed in this rule with operators of unmanned aircraft.
Conclusion
The FAA expects this proposed rule will result in several important
benefits and enhancements to support the safe integration of expanded
UAS operations in the airspace of the United States. The proposal would
provide situational awareness of UAS operations to other aircraft and
airport operators. The proposed rule would provide information to
distinguish compliant UAS users from those potentially posing a safety
or security risk. The following table summarizes the benefits of the
proposed rule.
---------------------------------------------------------------------------

\137\ ``Because these operations have a potential impact on
public safety and national security, the FAA does not intend to
promulgate a final rule to allow these operations until a regulation
finalizes the requirements regarding remote identification of small
UAS.'' Safe and Secure Operations of Small Unmanned Aircraft
Systems, Advance Notice of Proposed Rulemaking, February 13, 2019
(84 FR 3732).

[[Page 72495]]

Table 6--Summary of Benefits of Proposed Rule
------------------------------------------------------------------------

------------------------------------------------------------------------
Safety and Security............... Provides situational
awareness of UAS flying in the
airspace of the United States to
other aircraft in the vicinity of
those operations and airport
operators.
Provides information to
distinguish compliant UAS users
from those potentially posing a
safety or security risk.
Enables the FAA, national
security agencies, and law
enforcement entities to obtain
situational awareness of UAS in the
airspace of the United States in
near real-time.
Provides additional
registration and notification
requirements for identifying
aircraft and promoting
accountability and the safe and
efficient use of the airspace of
the United States.
Enables Expanded Operations and Assists in the
UAS Integration. implementation of operations of
small UAS over people and at night.
A final rule for operation of small
UAS over people and at night is
contingent upon a final action for
UAS with remote identification
being effective.\137\
Provides UAS-specific data
to facilitate future, more advanced
operational capabilities, such as
detect-and-avoid and aircraft-to-
aircraft communications that
support beyond visual line of sight
(BVLOS) operations.
Provides UAS-specific data
contributing to a comprehensive UAS
traffic management (UTM) system
that would facilitate the safe
expansion of operations.
------------------------------------------------------------------------

In addition, the proposed rule provides flexibility through minimum
performance requirements that would accommodate future innovation and
improve the efficiency of UAS operations. The proposal also does not
preclude early compliance for producers or operators to realize earlier
expanded operations and commercial opportunities.
3. Cost and Savings Summary
UAS owners, operators, and producers, as well as Remote ID USS and
developers of remote identification means of compliance, would play
important roles in the remote identification of UAS. The following
subsections summarize costs and cost savings by affected groups within
the scope of the proposed rule.
i. UAS Owners and Operators
Registration Provisions
The FAA is proposing to require the owners of UAS to register under
part 47 or part 48 and to provide the serial number of the unmanned
aircraft, unless the aircraft is specifically excepted from
registration. If an unmanned aircraft is currently registered, its
owner would be required to update the aircraft's registration to
include the serial number by the compliance date of the final rule or
the first registration renewal after a rule becomes effective,
whichever is earlier.
Part 48 currently requires that registration of aircraft operated
under part 107 include the make, model, and serial number, if
available, of the aircraft as part of the aircraft registration. Since
regulations require these registrations to be renewed every three
years, and the compliance date for the requirement to include the make,
model, and serial number is 36 months after the effective date of the
final rule, some owners of registered aircraft operated under part 107
would not incur additional costs. Likewise, unmanned aircraft
registering under part 47 are currently required to include make,
model, and serial number, so some owners of these aircraft would not
incur additional costs as well.
However, a portion of the part 107 fleet will be replaced early as
a result of the proposed one-year operational compliance period, which
will trigger the requirement to register the new aircraft at a time
earlier than would otherwise have been. The 10-year present value
incremental cost incurred for registering new aircraft is about $0.03
million at a three percent discount rate and $0.02 million at a seven
percent discount rate. The incremental annualized costs are about
$0.003 million at either a three percent or seven percent discount
rate.
The FAA also proposes to revise the registration requirements in
part 48 to remove the provisions that allow small unmanned aircraft to
register as model aircraft under a single Certificate of Aircraft
Registration and to require the individual registration of each
aircraft, regardless of its intended use.\138\ This means that every
small unmanned aircraft registered under part 48 would need to have its
own Certificate of Aircraft Registration.
---------------------------------------------------------------------------

\138\ This proposal uses the term ``limited recreational
operations'' when discussing registration requirements under part
48. Part 48 uses the term ``model aircraft'' to describe
recreational UAS operations. The FAA considers that model aircraft
under part 48 are consistent with the ``limited recreational
operations'' described in 49 U.S.C. 44809, therefore ``limited
recreational operations'' has been used throughout to ensure
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

The FAA estimates additional costs for recreational flyers to amend
the part 48 aircraft registry to register each unmanned aircraft owned
and update each individual registration to include make, model, and
serial number. The FAA estimates the 10-year present value costs to
affected recreational flyers is about $1.1 million at a three percent
discount rate and about $0.89 million at a seven percent discount rate.
The incremental annualized costs are about $0.13 million at either a
three percent or seven percent discount rate.
Recreational flyers will also be required to pay a $5 registration
fee to the FAA for each additional aircraft registered. Government fees
and taxes are considered transfer payments per OMB Circular A-4 and are
not considered a societal cost. These transfers are reported separately
from the costs of this proposed rule.\139\ Over the 10-year period of
analysis, the present value of incremental fees paid by recreational
flyers for registration of additional aircraft totals $8.1 million at a
three percent discount rate and $6.6 million at a seven percent
discount rate. The annualized fees are about $1 million at either a
three percent or seven percent discount rate.
---------------------------------------------------------------------------

\139\ See the ``Separate Reporting of Transfers'' per OMB
Circular A-4 (https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf).
---------------------------------------------------------------------------

Effects of Retrofits and One Year Operational Compliance
The proposed rule would require persons responsible for the
production of standard remote identification UAS or limited remote
identification UAS to provide UAS with remote identification two years
after the effective date of the final rule. Operators of UAS would have

[[Page 72496]]

one additional year beyond the production compliance date to begin
using UAS with remote identification.\140\ The exception is for
operators of UAS without remote identification. The FAA determined this
affected group could fly UAS without remote identification at FAA-
recognized identification areas. Under the proposed construct, any
person (e.g., a limited recreational flyer) who flies exclusively at
FAA-recognized identification areas could use a UAS without remote
identification.
---------------------------------------------------------------------------

\140\ After the proposed full compliance date of 36-months past
the effective date of the final rule, UAS without remote
identification that weigh more than 0.55 pounds may only be operated
at FAA-recognized identification areas.
---------------------------------------------------------------------------

As previously discussed in the ``Key Assumptions and Data Sources''
section, during the development of this rulemaking the FAA received
information from industry suggesting part of the existing fleet of UAS
can be retrofit to comply with remote identification requirements
(e.g., by a software update or ``push'' through the internet) and this
could be achieved within the first year after the effective date of the
final rule given the availability of FAA-accepted means of compliance.
The FAA estimates at least 93% of the current part 107 fleet and at
least 20% of the current recreational fleet would be eligible for
retrofits. Besides reducing costs, retrofits would enable early
compliance with remote identification for persons operating a portion
of the existing UAS fleet and those UAS purchased during the proposal's
24-month period before compliance with proposed production
requirements. For example, retrofits of UAS purchased in year 1 of the
analysis period would enable them to be operated for their entire
lifespan (i.e., one year after the three year full compliance date of
the proposal).\141\
---------------------------------------------------------------------------

\141\ This analysis uses an average three year lifespan for
affected UAS (not including those UAS operated by members of
community based organizations that fly exclusively within FAA-
recognized identification areas, see the ``Key Assumptions and Data
Sources'' section above). Based on the three year lifespan and the
proposed 36-month full compliance period, affected UAS purchased in
year 1 of the analysis period, or 12 months after the effective date
of the final rule, would be effectively grounded in year 4 of the
analysis unless retrofit.
---------------------------------------------------------------------------

Therefore, the group of retrofit UAS used in this analysis are
based on the following assumptions: (1) These UAS are purchased during
year 1 of the analysis period and have a lifespan of three years; (2)
the producers of these UAS have identified an FAA-accepted means of
compliance for remote identification that can be used for retrofits
during year 1 of the analysis period; and, (3) these UAS are capable of
being retrofit with relative ease, little downtime from operations, and
at minimal costs for at least 93% of the UAS in the part 107 fleet and
at least 20% of the UAS in the recreational fleet purchased in year 1.
Without the availability of retrofits, UAS purchased during year 1
would not be equipped with Remote Id and therefore grounded in year 4.
As a result of the proposed compliance period for UAS operators and
the potential for retrofits, a portion of about 7% of the UAS in the
part 107 fleet and 80% of the UAS in the recreational fleet purchased
in year 1 of the analysis would not be compliant with the proposal in
year 4 of the analysis (after the full compliance date) and would
effectively become obsolete prior to the end of useful life.\142\ The
FAA uses a straight line depreciation method to estimate a measure of
expense or cost to part 107 operators and recreational flyers for early
replacement of UAS as a result of the proposed compliance period.\143\
In the case of the part 107 operators, this measure of depreciation
represents the cost to entities for an early outlay of funds for
replacing UAS with remaining useful life.\144\ For the recreational
flyers, the estimate is used as a proxy for the opportunity cost for
loss of use of UAS with remaining useful life.
---------------------------------------------------------------------------

\142\ This equates to eighteen percent of the overall affected
UAS fleet in year 4 would likely be replaced prior to the end of
useful life. This excludes UAS that are flown by members of CBO,
since the FAA assumes this affected group would fly UAS at FAA-
recognized identification areas.
\143\ The straight line depreciation method is a common default
method of depreciation that is calculated by dividing the difference
between an asset's cost and its expected salvage value by the number
of years it is expected to be used (https://corporatefinanceinstitute.com/resources/knowledge/accounting/straight-line-depreciation/ or https://www.investopedia.com/terms/s/straightlinebasis.asp).
\144\ The FAA uses this depreciation analysis as a means to
measure lost utility or useful life of UAS due to the proposed
compliance period. However, these estimates may be offset through
tax savings. Companies and other entities may use depreciation
expenses to generate tax savings, which is a transfer effect that
might reduce the impact on companies, but not reduce the social
costs of the rule. U.S. tax rules allow depreciation expenses to be
used as tax deductions against revenue in arriving at taxable
income. The higher the depreciation expense, the lower the taxable
income and the greater the tax savings.
---------------------------------------------------------------------------

The estimated straight-line depreciation is based on average UAS
purchase prices of $2,500 for the part 107 consumer fleet and about
$114 for the fleet of UAS flown by recreational flyers. For each of
these categories, the purchase price is spread equally across 36 months
to estimate the monthly depreciation expense (36 months is the lifespan
of a small UAS).145 146 The early depreciation expense is
only applicable to the portion of the UAS fleet purchased in year 1 of
the analysis period, as this group of UAS will be grounded due to the
proposed rule's requirement that all UAS have remote identification by
the end of year 3 of the analysis period. Therefore, some of the UAS
purchased in year 1 will lose up to one year of useful life (and
correspondingly up to one year of depreciation expense).\147\ The
following table presents loss of use quantified as depreciation loss
for year 4.\148\
---------------------------------------------------------------------------

\145\ Page 47 of The FAA Aerospace Fleet Forecast FY 2019-2039
identifies cost for consumer UAS. The estimated average purchase
price for UAS used by limited recreational operators is based on
research of UAS used by hobbyists. The monthly depreciation expense
for consumer UAS and limited recreational UAS is $69.44 and $3.16,
respectively.
\146\ Annual UAS sales are spread evenly over a 12-month period
to estimate monthly sales.
\147\ For ease of calculation, sales of UAS are presumed to
occur on the first day of the month. Therefore, units sold in
January of year 1 of the analysis period are fully depreciated by
December of year 3 and thus there is no loss of useful life; units
sold in February of year 1 lose one month of useful life (which is
January of year 4); units sold in March of year 1 lose two months of
useful life (which are Jan-Feb of Year 4); units sold in April of
year 1 lose three months of useful life (which are Jan-Mar of year
4); etc.
\148\ See the Regulatory Impact Analysis for this proposed
rulemaking for the derivation of these estimates.

Table 7--Cost Impact of Proposed Operational Compliance Period, Loss of Use Quantified as Depreciation Expense
[$ millions]
----------------------------------------------------------------------------------------------------------------
Depreciation expense (units sold in
Affected UAS fleet Number of UAS sold in year 1 year 1) *
----------------------------------------------------------------------------------------------------------------
Pt 107--Consumer................... 12,489............................... *$4.8

[[Page 72497]]

Recreational....................... 299,252.............................. 5.2
----------------------------------------------------------------------------
Undiscounted Total................. ..................................... 10.0
3% PV.............................. ..................................... 8.9
7% PV.............................. ..................................... 7.6
----------------------------------------------------------------------------------------------------------------
Table notes: (i) Row and column totals may not sum due to rounding. (ii) Affected UAS will be depreciated for a
period of one to eleven months, depending on the month of purchase.

The present value cost impact of the loss of UAS use for operators
is $8.9 million at a three percent discount rate and $7.6 million at a
seven percent discount rate. The annualized cost impact of loss of use
is about $1 million at either a three percent or seven percent discount
rate. If the estimated level of retrofits are possible, then this
impact represents only about two percent of the total costs of the
proposed rule. If fewer retrofits are possible, then costs related to
the loss of UAS use for operators would increase proportional to the
number of retrofits available by model and share of the model in the
fleet.
The FAA believes this cost impact is justified in order to reduce
the delay for law enforcement, security partners, the FAA, and airports
to use remote ID information. The FAA considered allowing three years
beyond the producer compliance date for owners and operators to comply
with the remote identification requirements of this proposed rule in
the ``Alternatives Considered'' section. This period of time coincides
with the three-year lifespan of a small UAS and would have prevented
costly grounding or replacement of UAS prior to the end of useful life.
However, the FAA determined that the three-year compliance period was
less preferable, because it prolonged safety and security risks to air
traffic and airports by delaying the ability of law enforcement
personnel to identify unauthorized UAS operations. To reduce the delay
in implementing remote identification, the operational compliance
period was reduced from three years to one year.
ii. Remote ID USS Subscription Fee
The FAA is proposing that three years following the effective date
of a final rule, standard remote identification UAS and limited remote
identification UAS would be required to transmit remote identification
messages through the internet to a Remote ID USS. In addition, standard
remote identification UAS would also be required to broadcast the same
message elements directly from the unmanned aircraft. UAS that are
unable to comply with the requirements for standard remote
identification UAS or limited remote identification UAS would be
required to operate exclusively within an FAA-recognized identification
area.
The FAA does not intend to provide remote identification services
to UAS operators, but instead would enter into MOAs with Remote ID USS
in a manner similar to LAANC USS. The FAA anticipates that UAS
operators would subscribe to a Remote ID USS and then connect to the
internet using their existing internet service provider. Based on the
LAANC USS business model,\149\ the subscription to a Remote ID USS may
range in cost from $0 to $5 per month, per operator, for a midpoint of
$2.50 per month.\150\ For purposes of this regulatory evaluation, the
FAA determines that each operator of a standard remote identification
UAS or limited remote identification UAS would be required to subscribe
to a Remote ID USS at a fee of $2.50 per month.
---------------------------------------------------------------------------

\149\ The selection process for LAANC providers is approximately
10 months. https://www.faa.gov/news/updates/?newsId=93047&omniRss=news_updatesAoc&cid=101_N_U.
\150\ The cost of $0 to $5 is based on an internet search of
LAANC USS providers. LAANC USS also provide services through apps,
such as AirMap and Kittyhawk.
---------------------------------------------------------------------------

Based on the compliance dates for this rulemaking, the FAA
determines that an app to connect standard remote identification UAS
and limited remote identification UAS to a Remote ID USS would be
available at the start of year 2 of the analysis period. The number of
new and renewed Remote ID USS subscriptions is approximately 3.1
million for part 107 operators and 5.7 million for recreational flyers.
The present value cost of subscriptions to affected UAS operators
totals $242 million at a three percent discount rate and $192 million
at a seven percent discount rate. The annualized costs of the
subscriptions is about $28 million at either a three percent or seven
percent discount rate.
The FAA notes that the $2.50 subscription fee could be considered a
transfer payment that is representative of the cost for Remote ID USS
to provide remote identification services.
iii. UAS Producers
For each UAS designed and produced for operation in the United
States, the producer (with limited exceptions included in the proposal)
would be required to:
Produce the UAS in accordance with the minimum performance
requirements of the proposed rule using an FAA-accepted means of
compliance;
Issue each unmanned aircraft a serial number that complies
with the ANSI/CTA-2063-A serial number standard;
Label the unmanned aircraft to indicate that it is remote
identification-compliant and indicate whether the UAS is a standard
remote identification UAS or limited remote identification UAS; and,
Submit a declaration of compliance for acceptance by the
FAA, declaring that the UAS complies with the minimum performance
requirements of the proposed rule.
As discussed in this preamble, the FAA would require persons
responsible for the production of standard remote identification UAS
and limited remote identification UAS to comply with the minimum
performance requirements of the proposed rule using an FAA-accepted
means of compliance and would require the person to issue serial
numbers that comply with the ANSI/CTA-2063-A serial number standard.
Presently, an FAA-accepted means of compliance for UAS remote
identification does not exist, but the FAA is aware of UAS remote
identification standards being developed. The FAA estimates the cost

[[Page 72498]]

to each producer to obtain a copy of a standard that could be an FAA-
accepted means of compliance for remote identification to be $313.\151\
It is anticipated that a standard for means of compliance for remote
identification may not be available until year 2 of the analysis period
\152\, and during this year, the FAA estimates 157 U.S. producers and
324 foreign producers would purchase the standard to be used as an FAA-
accepted means of compliance.\153\ For the remaining years of the
analysis period, the FAA estimates three additional U.S. producers and
six additional foreign producers would enter the market annually and
would also incur the cost to purchase a means of compliance.
---------------------------------------------------------------------------

\151\ https://my.rtca.org/nc__store?category=a0L36000003g7jDEAQ.
Accessed November 13, 2018. Average price for the 11 unmanned
aircraft standards available at the RTCA website. The 11 standards
range in price from $140 to $675 for an average of $313.
\152\ Noting the potential for earlier compliance and retrofits,
the FAA may adjust its analysis of costs associated with available
means of compliance for the final rule based on information received
during the comment period.
\153\ Based on AUVSI Unmanned Systems & Robotics Database for
Air Platforms (Association for Unmanned Vehicle Systems
International).
---------------------------------------------------------------------------

The proposed rule would require a person responsible for the
production of standard remote identification UAS or limited remote
identification UAS to label the UAS to show that it was produced with
remote identification technology capable of meeting the proposed rule.
The label must be in English and be legible, prominent, and permanently
affixed to the unmanned aircraft. The proposed labeling requirement
would assist the person manipulating the flight controls of the UAS to
know that his or her UAS is eligible to conduct operations within the
airspace of the United States. The proposed labeling requirement would
also assist the FAA in its oversight role because it provides an
efficient means for an inspector to determine whether a UAS meets the
requirements of the proposed rule.
The FAA estimates that it would take twenty hours to design a label
for each model of aircraft produced. The costs would begin in year 2 of
the analysis period at which time the FAA estimates 313 U.S. models of
aircraft and 787 models of foreign aircraft would require
labeling.\154\ For the remainder of the analysis period, an additional
eighteen models of U.S. and foreign produced aircraft would require
labeling design on an annual basis.
---------------------------------------------------------------------------

\154\ Based on AUVSI Unmanned Systems & Robotics Database for
Air Platforms. (Association for Unmanned Vehicle Systems
International.
---------------------------------------------------------------------------

Over the 10-year period of analysis, the present value costs to
producers for labeling is about $2.0 million at a three percent
discount rate and $1.7 million at a seven percent discount rate.
The proposed rule would require the producers of UAS to submit a
DOC to the FAA identifying the means of compliance used to determine
that the UAS meets the applicable performance requirements. The FAA
would rely on a producer's DOC to ensure that the make and model of UAS
is compliant with the proposed requirements at the time of manufacture.
The FAA estimates that the test report and/or substantiating data
for the DOC would average 50 pages and would take five hours per page
to generate. The five hours consists of one hour for documenting
results and four hours for performing tests that demonstrate compliance
with the remote identification equipage requirements.\155\ For this
analysis, the FAA assumes that five percent of DOCs would not be
accepted and have to be resubmitted, possibly with updated analysis,
for acceptance. The FAA also assumes that after a producer rewrites and
resubmits a DOC, the FAA would accept the revised DOC. The proposed
rule requires manufacturers to retain a test report or any other
substantiating data that supports their DOC.
---------------------------------------------------------------------------

\155\ The report length is equivalent to the report generated in
NOS for the DOC. It is used as a proxy for the report that producers
will generate to substantiate compliance with remote ID
requirements.
---------------------------------------------------------------------------

In total, estimated costs over the ten-year period of analysis for
producers to perform tests and generate substantiating data to support
their DOC is approximately $25.2 million at a present value discount
rate of three percent and $22.9 million at a present value discount
rate of seven percent. Annualized costs at a three percent discount
rate and a seven percent discount rate are approximately $3 million.
Any producer of a UAS with remote identification will be required
to submit a one-page DOC form to the FAA to affirm that the UAS meets
the performance requirements and was designed and produced using an
FAA-accepted means of compliance for UAS with remote
identification.\156\ The time required to complete the form and submit
it through an FAA web portal is estimated to be 15 minutes at a cost of
$20.73 per model.\157\ In addition to the 15 minutes for submitting the
DOC form, there is an additional 19.75 hours expended by multiple
levels of a producer's organization for the purpose of review and
quality checking. The cost to submit a declaration of compliance occurs
largely in year 2 of the analysis period so that UAS producers are able
to manufacture inventory with remote identification for availability to
operators beginning with year 3 of the analysis period. Producers would
incur additional costs for submitting a declaration of compliance
during years 3 through 10 of the proposed rule as they design new
models of UAS. The FAA assumes that five percent of the submissions
will not be accepted initially, but will then be resubmitted and
accepted by the FAA.
---------------------------------------------------------------------------

\156\ The time allotted in the FAA information collection
related to the registration of small unmanned aircraft is used as a
proxy to estimate the cost to producers for submitting a declaration
of compliance for remote identification. In the Registration of
Small Unmanned Aircraft information collection, it was estimated
that seven minutes was required for an individual to complete a
small unmanned aircraft registration. Since the DoC requires
approximately twice as much information as a registration for
unmanned aircraft, the FAA estimates the DoC form will take
approximately 15 minutes to complete.
\157\ In this calculation, the FAA assumes the fully burdened
wage (compensation + benefits) to be similar to that of the wage of
FAA technical subject matter expert, which is increased by a factor
of 1.466 to become a fully burdened wage of $82.93 per hour, or
$20.73 for 15 minutes.
---------------------------------------------------------------------------

Over the 10-year period of analysis, the present value costs to
producers for submitting the declaration of compliance form is about
$27.2 million at a three percent discount rate or $24.8 million at a
seven percent discount rate for annualized costs of approximately $3.5
million and 3.2 million, respectively.
Beginning in year 3 of the analysis period, producers would be
required to provide UAS with remote identification.\158\ Standard
remote identification UAS would be required to transmit message
elements through the internet to a Remote ID USS and to broadcast the
same message elements directly from the unmanned aircraft. Limited
remote identification UAS would be required to be designed and produced
such that the aircraft can operate no more than 400 feet from the
control station and cannot broadcast remote identification message
elements.
---------------------------------------------------------------------------

\158\ Note the exceptions to this rule (military, law
enforcement, government not conducting operations as civil
aircraft). Additionally, the FAA determines that members of a
community based organization choose not to integrate remote
identification into existing aircraft.
---------------------------------------------------------------------------

The FAA estimates the incremental cost to a producer of standard
remote identification UAS would include the cost of a computer chip for
broadcasting the remote identification message elements ($5) and a cost
to make the remote identification equipment tamper

[[Page 72499]]

resistant ($15). For limited remote identification UAS, the incremental
cost to a producer would include a software update that prevents the
aircraft from flying beyond 400 feet from the operator ($5) and a cost
to make the remote identification equipment tamper resistant ($15).
Operators of limited remote identification UAS must transmit
message elements to the Remote ID USS from the control station, which
could be an electronic device such as a smart phone or tablet.\159\ For
purposes of this analysis, the FAA determines that operators of limited
remote identification UAS would already have a cell phone or electronic
device capable of transmitting the message elements through an internet
connection to the Remote ID USS and thus incur no additional costs for
the purchase of a device to transmit messages to a Remote ID USS.\160\
---------------------------------------------------------------------------

\159\ Based on research of publicly available UAS information,
the FAA found that operators of limited remote identification UAS
already typically own a smartphone or other electronic device which
is capable of transmitting the location of the control station to
the internet.
\160\ In 2018, 77 percent of the adults in the United States
owned a smart phone (https://www.statista.com/statistics/219865/percentage-of-us-adults-who-own-a-smartphone/).
---------------------------------------------------------------------------

The present value costs to U.S. producers to build UAS with remote
identification totals $105 million at a three percent discount rate and
$85 million at a seven percent discount rate. The annualized costs are
about $12 million at either a three percent or seven percent discount
rate.
iv. Developers of Remote Identification Means of Compliance
Under the proposed rule, a means of compliance would have to be
accepted by the FAA before it is used in the design and production of
UAS with remote identification. Means of compliance are developed by
persons or organizations to describe methods by which a person
responsible for the production of standard remote identification UAS or
limited remote identification UAS may comply with the minimum
performance requirements of this proposed rule. The FAA would review
the means of compliance to determine if it meets the minimum
performance requirements, and testing and validation procedures of the
proposed rule. Specifically, the person or entity would have to submit
a detailed description of the means of compliance, a justification for
how the means of compliance meets the minimum performance requirements
of the proposed rule, and any substantiating material the person or
entity wishes the FAA to consider as part of the application. The FAA
would indicate acceptance of a means of compliance by placing a notice
in the Federal Register identifying the means of compliance as accepted
and by notifying the submitter of the acceptance of the proposed means
of compliance.
A UAS remote identification standard that could be one potential
means of compliance to the proposed rule is currently being developed
by ASTM International, and, for purposes of this analysis, the FAA
anticipates it would be available by the beginning of year 2 of the
analysis period. Total present value costs incurred by industry
consensus standard-setting entities to develop and maintain a remote
identification means of compliance is $1.23 million at a three percent
discount rate and $1.08 million at seven percent discount rate over the
ten-year period of analysis. The annualized costs are about $0.15
million at either a three percent or seven percent discount rate.
For purposes of this rulemaking, it is assumed that one additional
individual or entity, would submit a means of compliance to the FAA for
remote identification on an annual basis for years 2 through 10 of the
analysis period. The costs would include time to initially submit the
means of compliance and recurring time to accommodate changes in
broadcast technology and evolution in the UTM/network requirements.
Total present value costs incurred by entities to develop and maintain
a remote identification means of compliance is $1.6 million at a three
percent discount rate and $1.3 million at seven percent discount rate
over the ten-year period of analysis. \161\ The annualized costs are
about $0.2 million at either a three percent or seven percent discount
rate.
---------------------------------------------------------------------------

\161\ See the Regulatory Impact Analysis for this proposed
rulemaking for the derivation of these estimates.
---------------------------------------------------------------------------

v. Remote ID USS MOA
The proposed rule would require persons operating UAS to transmit
the message elements to a Remote ID USS over the internet. Remote ID
USS will be FAA-qualified third party service providers. Each Remote ID
USS would be required to establish a contractual relationship with the
FAA through a MOA and to comply with a series of terms, conditions,
limitations, and technical requirements, and outline how the Remote ID
USS must interpret and provide data to external users, as well as store
and protect such data. To implement remote identification, the FAA
anticipates establishing a cooperative data exchange mechanism between
the FAA and Remote ID USS.
The FAA estimates ten entities would apply to the FAA to become a
Remote ID USS during year 1 of the analysis period, and nine entities
would be approved.\162\ Over the remaining years of the analysis
period, the FAA estimates one additional entity per year would submit
an application to become a Remote ID USS, and that entity would be
approved by the FAA. Each of the entities would address technical
requirements in the application to become a Remote ID USS that results
in a 40-page document, which is then submitted to the FAA. Each of the
documents would take 25 hours per page to prepare at full compensation
wage of $92.72 per hour.\163\ Total costs to Remote ID USS applicants
during years 1 through 10 of the analysis period is about $1.6 million
at a three percent discount rate and $1.4 million at a seven percent
discount rate. The annualized costs are about $0.19 million at either a
three percent or seven percent discount rate.
---------------------------------------------------------------------------

\162\ Based on the number of LAANC USS.
\163\ The full compensation wage (salary and benefits) is based
on a 2019 FAA ``Technical'' Pay Band.
---------------------------------------------------------------------------

vi. FAA-Recognized Identification Areas
The FAA is proposing to allow UAS to operate without remote
identification if they do so within visual line of sight within FAA-
recognized identification areas. By identifying a defined location
where operations of UAS without remote identification would be
occurring, the FAA-recognized identification area itself becomes the
form of identification. The intent is to minimize the regulatory burden
for operators of UAS without remote identification, while still meeting
the intent of the rule. This proposal would not preclude UAS with
remote identification from operating in or transiting the airspace over
FAA-recognized identification areas; it would simply limit UAS without
remote identification from operating anywhere else.
Certain flying sites established within the programming of a
community based organization (CBO) recognized by the Administrator
would be eligible to become FAA-recognized identification areas to
enable operations of UAS without remote identification within those
areas, if they meet certain criteria and application deadlines. CBOs
can request that an existing flying site be established as an FAA-
recognized identification areas, where UAS may

[[Page 72500]]

operate without remote identification equipment. The application would
have to be submitted within 12 calendar months from the effective date
of a final rule. After that date, the number of FAA-recognized
identification areas could therefore only remain the same or decrease.
The FAA also expects that as compliance with remote identification
requirements becomes cheaper and easier, the need to operate only at
FAA-recognized identification areas would likely decrease. The
establishment of an FAA-recognized identification area is approved by
the FAA until 48 calendar months after the date on which the request
for establishment was approved. A person wishing to renew the
establishment of the FAA-recognized identification area would have to
submit a request for renewal.
The FAA estimates it would receive approximately 2,500 requests for
a flying site to become an FAA-recognized identification area, and that
as many as 10 percent could be disapproved due to the flying site being
in a sensitive area.\164\ The FAA estimates that in year 1, each
request would require two hours to complete at a total compensation
wage of $58.12 per hour.\165\ The FAA anticipates that renewals would
require less time to submit since the process is expected to be
electronic, thus in years five and nine, the time estimated to complete
a renewal is 30 minutes. Over the 10-year period of analysis, costs
incurred by CBOs for submitting requests for FAA-recognized
identification areas total $0.39 million at a three percent discount
rate and $0.35 million at a seven percent discount rate. The annualized
costs are about $0.05 million at either a three percent or seven
percent discount rate.
---------------------------------------------------------------------------

\164\ https://www.modelaircraft.org/about-ama.
\165\ U.S. Bureau of Labor Statistics, Aerospace Engineering or
Operations Technician Data.
---------------------------------------------------------------------------

Individuals that are unable to use a flying site due to FAA
disapproval of the application for establishment of an FAA-recognized
identification area would have the option to fly UAS with remote
identification or to drive to an alternate FAA-recognized
identification area. For purposes of this preliminary analysis, the FAA
assumes this affected group would choose to drive to the next closest
FAA-recognized identification area near their home, which would
increase their driving distance to an FAA-recognized identification
area an additional 32 miles per round trip, on average.\166\ The FAA
estimates that ten percent of the members belonging to a CBO would be
travelling an additional 32 miles per outing, and that this group would
travel 52 times per year to an FAA-recognized identification area for a
total present value expense of $136 million at a three percent discount
rate and $109 million at a seven percent discount rate over the ten-
year period of analysis.\167\ The annualized costs are about $16
million at a three percent and seven percent discount rate. The FAA
provides a sensitivity analysis of these costs based on a range of
trips per year in the Regulatory Impact Analysis report available in
the docket.
---------------------------------------------------------------------------

\166\ Source: FAA analysis of travel distance to current flying
sites based on zip codes of addresses on record for unmanned
aircraft registrations for limited recreational operators show that
over 94% of registered owners are within 16 miles (32 miles round
trip) of a flying site that may be considered for application as an
FAA-recognized identification area.
\167\ Estimated using United States Department of Transportation
guidance on the hourly value of travel time savings for personal
purposes, the IRS mileage rate of 20 cents per mile, and the
additional 32 miles are traveled at a rate of 50 miles per hour.
---------------------------------------------------------------------------

The FAA requests comments on the costs and frequency of additional
travel to FAA-recognized identification areas for recreational flyers
affected by this provision.
vii. FAA
The FAA will incur costs to support the implementation of the
proposed remote identification rule. These costs include updating the
website portal for the part 48 unmanned aircraft registry to aid
recreational flyers to register each unmanned aircraft individually and
to facilitate foreign operators of unmanned aircraft to provide
notification of identification; establishing MOAs with entities seeking
to become Remote ID USS; accepting or not accepting submissions of
means of compliance; accepting or not accepting submissions of
declarations of compliance; approving or denying requests from CBOs for
FAA-recognized identification areas; developing a website for
identifying FAA-accepted means of compliance and declarations of
compliance; updating the aircraft registry website; and finally,
establishing a network for the data exchange between Remote ID USS and
the FAA. The present value costs of this proposed rule to FAA total
$56.9 million at a three percent discount rate and $50.3 million at a
seven percent discount rate. The annualized costs are approximately
$7.0 million at either a three percent or seven percent discount rate.
The FAA also receives cost savings from this proposed rule
resulting from a reduction in hours expended on UAS investigations by
aviation safety inspectors. This analysis includes quantified savings
to the FAA only. A variety of other entities involved with airport
operations, facility and infrastructure security, and law enforcement
would also save time and resources involved with UAS identification and
incident reporting, response and investigation. The FAA plans to update
its estimates of savings for additional information and data identified
during the comment period and development of the final rule. The
present value cost savings to FAA total $2.4 million at a three percent
discount rate and $1.8 million at a seven percent discount rate. The
annualized costs savings are almost $0.3 million at either a three
percent or seven percent discount rate.
Additionally, part 107 allows individuals to request waivers from
certain provisions, including those prohibiting operations over people
and at night. This proposed rule, in concert with the proposed rule for
operations over people would create a cost savings for the FAA
resulting from a reduction of time expended by FAA personnel processing
waivers for these activities.\168\
---------------------------------------------------------------------------

\168\ See the appendix of the Remote Identification of Unmanned
Aircraft Systems Preliminary Regulatory Impact Analysis for a
quantification of these cost savings.
---------------------------------------------------------------------------

4. Total Costs and Cost Savings
The total costs of the proposed remote identification rule include
costs incurred by UAS owners, CBOs, UAS operators, UAS producers,
developers of remote identification means of compliance, candidates to
be Remote ID USS, and the FAA. In addition to the costs incurred by the
various entities impacted by the proposed rule, the FAA has a cost
savings from avoided aviation safety inspector costs due to a reduction
in hours expended on UAS investigations.
Over the 10-year period of analysis, using the primary estimate
this proposed rule would result in present value costs of $584 million
at a three percent discount rate and $475 million at a seven percent
discount rate. These costs are partially offset by present value cost
savings of $2.5 million and $1.8 million at a three percent and seven
percent discount rate, respectively. As a result, the net present value
costs are $582 million at a three percent discount rate with annualized
net costs of $68 million. At a seven percent discount rate, the net
present value costs are $474 million with annualized net costs of $67
million.
The following table presents a summary of the primary, low and high
estimates of the net costs of the proposed rule.

[[Page 72501]]

Table 8a--Preliminary Estimates of Net Costs of Proposed Rule ($Millions) * Base Scenario--Primary Estimate
----------------------------------------------------------------------------------------------------------------
10-year 10-year
Affected entity/category present value Annualized (at present value Annualized (at
(at 3%) 3%) (at 7%) 7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................ $145.87 $17.10 $117.48 $16.73
Remote ID USS Subscription...................... 241.72 28.34 191.74 27.30
UAS Producers (US and Foreign).................. 134.58 15.78 111.58 15.89
Developers of Remote ID Means of Compliance..... 2.85 0.33 2.36 0.34
Remote ID USS Memoranda of Agreement............ 1.60 0.188 1.43 0.2038
Community Based Organizations................... 0.39 0.05 0.35 0.05
FAA Costs....................................... 56.96 6.68 50.33 7.17
---------------------------------------------------------------
Total Costs................................. 583.98 68.46 475.27 67.67
Cost Savings................................ (2.45) (0.29) (1.82) (0.26)
---------------------------------------------------------------
Net Costs............................... 581.52 68.17 473.46 67.41
----------------------------------------------------------------------------------------------------------------
* Table notes: Column totals may not sum due to rounding and parenthesis, ``( )'', around numbers to indicate
savings.

Table 8b--Preliminary Estimates of Net Costs of Proposed Rule ($Millions) * Low Scenario
----------------------------------------------------------------------------------------------------------------
10-year 10-year
Affected entity/category present value Annualized (at present value Annualized (at
(at 3%) 3%) (at 7%) 7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................ $140.99 $16.53 $113.64 $16.18
Remote ID USS Subscription...................... 206.58 24.22 164.24 23.38
UAS Producers (US and Foreign).................. 116.53 13.66 97.25 13.85
Developers of Remote ID Means of Compliance..... 2.85 0.33 2.36 0.34
Remote ID USS Memoranda of Agreement............ 1.60 0.188 1.43 0.2038
Community Based Organizations................... 0.39 0.05 0.35 0.05
FAA Costs....................................... 56.96 6.68 50.33 7.17
---------------------------------------------------------------
Total Costs................................. 525.91 61.65 429.61 61.17
Cost Savings................................ (2.45) (0.29) (1.82) (0.26)
---------------------------------------------------------------
Net Costs............................... 523.46 61.36 427.80 60.91
----------------------------------------------------------------------------------------------------------------
* Table notes: (i) Column totals may not sum due to rounding and parenthesis, ``( )'', around numbers to
indicate savings. (ii) The low and high forecast scenarios are not symmetric around the base--please see the
forecast report for more information. The FAA Aerospace Forecast Fiscal Years 2019-2039, available at https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf. The
forecast provides a base (i.e., likely) with high (or optimistic) and low (or pessimistic) scenarios.

Table 8c--Preliminary Estimates of Net Costs of Proposed Rule ($Millions) * High Scenario
----------------------------------------------------------------------------------------------------------------
10-year 10-year
Affected entity/category present value Annualized (at present value Annualized (at
(at 3%) 3%) (at 7%) 7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................ $159.32 $18.68 $127.87 $18.21
Remote ID USS Subscription...................... 336.14 39.41 264.22 37.62
UAS Producers (US and Foreign).................. 181.51 21.28 148.26 21.11
Developers of Remote ID Means of Compliance..... 2.85 0.33 2.36 0.34
Remote ID USS Memoranda of Agreement............ 1.60 0.188 1.43 0.2038
Community Based Organizations................... 0.39 0.05 0.35 0.05
FAA Costs....................................... 56.96 6.68 50.33 7.17
---------------------------------------------------------------
Total Costs................................. 738.78 86.61 594.81 84.69
Cost Savings................................ (2.45) (0.29) (1.82) (0.26)
---------------------------------------------------------------
Net Costs............................... 736.33 86.32 593.00 84.43
----------------------------------------------------------------------------------------------------------------
* Table notes: column totals may not sum due to rounding and parenthesis, ``()'', around numbers to indicate
savings.

The following table presents an itemized list of preliminary
estimates of costs and cost savings from this proposed rule.

[[Page 72502]]

Table 9--Remote Identification Costs and Cost Savings
[$Millions]
------------------------------------------------------------------------
Affected entity 3% PV 7% PV
------------------------------------------------------------------------
UAS Owners/Operators:
Registration--Recreational Flyers... $1.070 $0.887
Travel Expense*--Recreational Flyers 135.911 108.960
Registration--Part 107.............. 0.025 0.021
Loss of UAS Use--Recreational Flyers 4.625 3.972
Loss of UAS Use--Pt 107 Operators... 4.238 3.639
Community Based Organizations:
Letters of Agreement Submission..... 0.389 0.354
USS Subscription Fee:
Part 107............................ 93.752 73.787
Limited Recreational Flyers......... 147.969 117.954
UAS Producers:
Equipage Cost....................... 105.325 84.891
Declaration of Compliance........... 27.178 24.795
Industry Consensus Standard--Remote 0.160 0.146
ID.................................
Industry Consensus Standard--Serial 0.000 0.000
#..................................
Labeling Requirement................ 1.917 1.749
Developers of Remote Identification MoC:
Industry Consensus Standard......... 1.230 1.083
Developers of Remote ID MoC (Others) 1.620 1.276
Remote Identification USS:
Cost to submit MoA with FAA......... 1.601 1.431
FAA Costs:
Onboard USS Service Suppliers....... 2.179 1.913
Accept/Not Accept MoC............... 0.144 0.115
Accept/Not Accept Mfr DoC *......... 0.000 0.000
Web Portal Update--Registration/ 0.728 0.701
Notification of Identification.....
Approve/Disapprove Flying Field as 4.669 3.966
an FAA-Recognized Identification
Areas..............................
Website for Means of Compliance/ 2.294 2.000
Declarations of Compliance.........
Remote Identification USS Data 46.950 41.631
Exchange...........................
-------------------------------
Total Costs..................... 583.975 475.271
Cost Savings: Reduced Hours FAA UAS (2.453) (1.815)
Investigations.........................
-------------------------------
Total Cost Savings.................. (2.453) (1.815)
-------------------------------
Net Costs........................... 581.522 473.456
-------------------------------
Annualized Net Costs................ 68.172 67.409
------------------------------------------------------------------------
* Automated approval through FAA drone zone portal.
Note: Column totals may not sum due to rounding.

The estimated costs are presented on an annual basis in the table
below.

Table 10--Remote Identification Costs and Cost Savings--Years 1-10
[$Millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs by affected entity Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs:
UAS Owners (3% PV)......... $0.167 $15.818 $15.714 $24.420 $15.394 $15.247 $15.070 $14.867 $14.688 $14.483 $145.87
UAS Owners (7% PV)......... 0.161 14.656 14.018 20.968 12.724 12.130 11.541 10.961 10.424 9.894 117.48
Community Based Org. (3% 0.282 ......... ......... ......... 0.056 ......... ......... ......... 0.050 ......... 0.39
PV).......................
Community Based Org. (7% 0.272 ......... ......... ......... 0.047 ......... ......... ......... 0.036 ......... 0.35
PV).......................
USS Subscription Fee (3% ......... 13.058 29.430 29.681 29.384 28.962 28.491 28.031 27.572 27.112 241.72
PV).......................
USS Subscription Fee (7% ......... 12.099 26.252 25.485 24.288 23.042 21.819 20.667 19.568 18.520 191.74
PV).......................
UAS Manufacturer (3% PV)... 0.000 39.446 16.244 8.366 12.709 14.362 9.066 11.955 13.038 9.396 134.58
UAS Manufacturer (7% PV)... 0.000 36.550 14.489 7.182 10.505 11.426 6.943 8.814 9.253 6.418 111.58
Developers of Remote ID MoC 0.589 0.215 0.226 0.236 0.245 0.253 0.261 0.268 0.275 0.280 2.85
(3% PV)...................
Developers of Remote ID MoC 0.567 0.200 0.202 0.203 0.203 0.202 0.200 0.198 0.195 0.192 2.36
(7% PV)...................
Remote ID USS (3% PV)...... 0.900 0.087 0.085 0.082 0.080 0.078 0.075 0.073 0.071 0.069 1.60
Remote ID USS (7% PV)...... 0.867 0.081 0.076 0.071 0.066 0.062 0.058 0.054 0.050 0.047 1.43

[[Page 72503]]

FAA (3% PV)................ 28.694 3.298 3.202 3.109 3.990 2.930 2.845 2.762 3.545 2.590 56.96
FAA (7% PV)................ 27.619 3.055 2.856 2.669 3.297 2.331 2.178 2.036 2.515 1.769 50.33
------------------------------------------------------------------------------------------------------------------------
Total Costs--3% PV..... 30.632 71.922 64.901 65.894 61.858 61.832 55.809 57.957 59.239 53.930 583.98
Total Costs--7% PV..... 29.485 66.641 57.892 56.578 51.130 49.193 42.740 42.730 42.041 36.840 475.27
------------------------------------------------------------------------------------------------------------------------
Costs Savings--3% PV... ......... ......... ......... ......... ......... (0.520) (0.505) (0.490) (0.476) (0.462) (2.453)
Costs Savings--7% PV... ......... ......... ......... ......... ......... (0.414) (0.387) (0.361) (0.338) (0.316) (1.815)
------------------------------------------------------------------------------------------------------------------------
Net Costs--3% PV....... 30.632 71.922 64.901 65.894 61.858 61.312 55.304 57.467 58.763 53.468 581.52
Net Costs--7% PV....... 29.485 66.641 57.892 56.578 51.130 48.779 42.354 42.368 41.703 36.524 473.46
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table notes: PV = Present Value and ``( )'' = denotes savings.

The key cost driver of the proposed rule is the USS subscription
fee, followed by travel expenses for a select group of recreational
flyers, and the cost of compliance for UAS producers. The present value
cost of USS subscription fees is $241.7 million at a three percent
discount rate and $191.7 million at a seven percent discount rate. The
annualized cost of USS subscription fees is $28.3 million at a three
percent and $27.3 million at a seven percent discount rate. This impact
represents over 41.4 percent of the total costs of the proposed rule.
The travel expense for a select group of recreational users represents
23.3 percent of the proposed rule's total costs, and costs to UAS
producers are 23.0 percent of the total costs.
The FAA believes this cost impact is justified in order to reduce
the delay (by two years) in implementing for law enforcement, security
partners, the FAA, and airports to use remote ID information. The FAA
alternatively considered allowing three years beyond the producer
compliance date for owners and operators to comply with the remote
identification requirements of this proposed rule in the ``Alternatives
Considered'' section. This period of time coincides with the three-year
lifespan of a small UAS and would have prevented grounding or
replacement of UAS prior to the end of useful life. However, the FAA
determined that the three-year compliance period was less preferable,
because it prolonged safety and security risks to air traffic and
airports by delaying the ability of law enforcement personnel to
identify unauthorized UAS operations. To reduce the delay in
implementing remote identification, the operational compliance period
was reduced from three years to one year.\169\
---------------------------------------------------------------------------

\169\ As previously discussed, the proposal does not preclude
early compliance for producers or operators to realize earlier
expanded operations and commercial opportunities. The FAA provides a
sensitivity analysis of costs for earlier developer and producer
compliance by the effective date of the final rule (60 days after
publication). This analysis shows that if Remote ID USS and UAS with
remote identification are available by the effective date of the
final rule (as proposed), then total net costs reduce by about 60-
70% and operations over people and at night would be enabled
beginning in the first year after publication.
---------------------------------------------------------------------------

A potential offsetting benefit of the one-year operational
compliance period is that a portion of part 107 operators may be able
to immediately perform operations over people and operations at night
without a waiver once their UAS has remote identification. As many as
68.4 million operations over people and at night could be enabled by
the proposed shortening the of the operational compliance period.
Assuming that the flight time for each of these 68.4 million operations
lasts 30 minutes and the wage for a remote pilot is $12.09 per
operation, the economic benefit in terms of pilot wages alone is about
$827 million undiscounted (not present value).\170\
---------------------------------------------------------------------------

\170\ https://www.payscale.com/research/US/Job=Drone_Pilot/Hourly_Rate.
---------------------------------------------------------------------------

5. Alternatives Considered
The FAA considered both more and less costly alternatives as part
of the proposed rule. The alternatives and the FAA's reasons for
rejecting those alternatives are discussed below.
i. Alternative Compliance Periods--Producers
The chosen compliance period to estimate producer costs is two
years beyond the effective date of the final rule. The FAA considered a
producer compliance period of one year, especially considering
potential retrofits, however this alternative was determined to be
impractical since no FAA-accepted means of compliance currently
available for producers to build to. Until an FAA-accepted means of
compliance exists, producers would not be able to submit a declaration
of compliance. Accordingly, the FAA believes it is practical for an
industry consensus standard to be developed that could be submitted for
acceptance as a means of compliance by the end of year 1 after the
effective date of the final rule, with an additional year for producers
to design, build, and test UAS that meet the standard.
The two-year compliance period for producers is consistent with
information on timelines for available technology from the UAS-ID ARC
Report and expected availability of USS. The ARC found technologies
similar to planned Remote ID USS transmissions have a ``readiness for
implementation'' of one year or less. This means products would be
available for original equipment manufacturers within one year of the
requirements being known. This one-year period would start after the
availability of FAA-accepted means of compliance and Remote ID USS--the
FAA expects means of compliance and Remote ID USS availability to take
up to one year after the effective date of the final rule.
At this time, the two-year producer compliance period appears
reasonable and has a technical basis. The FAA has not identified or
analyzed an alternative. The current proposal does not preclude earlier
producer compliance (in light of a potential economic incentive to
comply earlier). Likewise, this proposal would not preclude producer
compliance through retrofits within the two-year producer compliance
period or earlier, as long as retrofits use an FAA-accepted means of
compliance.
ii. Alternative Operational Compliance Period
The FAA considered allowing three years beyond the producer
compliance date for owners and operators to comply with the remote
identification requirements of this proposed rule. This

[[Page 72504]]

period of time coincides with the three-year lifespan of a small UAS
and would have prevented grounding or replacement of UAS prior to end
of useful life. However, the FAA determined that the three-year
compliance period was less preferable since it prolonged safety and
security risks to air traffic and airports by delaying the ability of
law enforcement personnel to identify unauthorized UAS operations. In
addition, as previously discussed, some producers would be able to
retrofit UAS in the existing fleet and comply early. To reduce the
delay in implementing remote identification, the owner/operator
compliance period was reduced from three years to one year.
The FAA analyzed the costs of allowing up to three years for
owners/operators to be in compliance and found this alternative
minimizes costs to owners/operators of existing UAS that could not be
retrofit, since on average the affected existing fleet of UAS could be
replaced at the end of useful life (three years). In addition, this
alternative is more likely to reduce uncertainty of adverse impacts to
producers with inventories of UAS produced before the compliance date
that would likely not meet the remote identification provisions of this
proposal, including with retrofits. Given the average three-year UAS
lifespan, the three-year operational compliance period would likely
assist producers in depleting existing non-compliant inventories with
reduced impact compared to the proposed one-year compliance period.
Under this alternative, present value costs at a three percent
discount rate total $494.2 million with annualized costs of $57.9
million. The present value costs at a seven percent discount rate total
$394.4 million with annualized costs of $56.2 million. Present value
cost savings at a three percent discount rate total $2.45 million with
annualized cost savings of $0.29 million. At a seven percent discount
rate, present value costs savings total $1.82 million with annualized
cost savings of $0.26 million. As a result, present value net costs at
a three percent discount rate are $491.7 million with annualized net
costs of $57.7 million. At a seven percent discount rate, present value
net costs are $392.6 million with annualized net cost of $55.9 million.
The cost associated with this alternative are slightly less than the
proposal that assumes producers would be capable of retrofits within
one year of the effective date of the final rule.
iii. Requiring ADS-B Out
The FAA could have proposed transponders or ADS-B Out for UAS as a
means to remotely identify those aircraft. The FAA does not propose the
use of transponders or ADS-B Out for remote identification for three
primary reasons. First, the use of these technologies would require
significant additional infrastructure, including radars and receivers,
to cover the lower altitudes where unmanned aircraft are expected to
primarily operate. Second, the FAA expects that, due to the volume of
unmanned aircraft operations projected, the additional radio frequency
signals would saturate the available spectrum and degrade the overall
cooperative surveillance system. Finally, transponders and ADS-B Out do
not provide any information about the location of control stations, as
these systems were designed for manned aircraft. For these reasons, the
FAA has determined that existing cooperative surveillance systems are
incapable of supporting UAS remote identification and is proposing a
new cooperative surveillance technology specifically for UAS.
iv. FAA Provided Remote Identification Services
The proposed rule assumes that Remote ID USS would come forward to
offer remote identification services to indiviRequireduals operating
UAS in the airspace of the United States. The alternative would be for
the FAA to provide these services directly to operators of UAS instead
of providing them through a third-party provider. The FAA chose the
Remote ID alternative for several reasons. First, the LAANC service
model has been effective due to the success of public and private
sector partnerships in implementing LAANC and clear Congressional
approval of the model. Second, similar to LAANC USS, the FAA will not
provide payment for the development or operation of Remote ID USS
products or services. The FAA anticipates that the Remote ID USS would
recoup the costs of providing services either through the sale of
subscriptions for remote identification services, online advertising,
or ``value added'' services that can be purchased from the service
provider.
v. Not Allowing FAA-Recognized Identification Areas
The FAA considered not allowing FAA-recognized identification
areas. If the proposed rule did not allow for these areas, operators of
UAS with no remote identification equipment would not be allowed to
operate unless the UAS were redesigned to have remote identification.
By identifying a defined location where operations of UAS without
remote identification would be occurring, the FAA-recognized
identification area itself becomes the form of identification. The
intent for allowing FAA-recognized identification areas is to minimize
the regulatory burden for operators of existing UAS used exclusively
for limited recreational operations that do not have remote
identification equipment, while still meeting the intent of the rule.
Assumptions
Individuals want to operate UAS without remote
identification within FAA-recognized identification areas.
Each individual owns two aircraft which are used for
limited recreational operations.
These unmanned aircraft have a lifespan that extends
beyond the 10-year analysis period of the proposed rulemaking.
Should the FAA not allow FAA-recognized identification areas for
the operation of UAS without remote identification, it is estimated
that as many as 400,000 UAS that are used for recreational flying would
be grounded at the end of year 3.
vi. Requiring All UAS To Be Standard Remote Identification UAS (Except
for UAS Without Remote Identification Operated at FAA-Recognized
Identification Areas)
The preferred alternative allows operators of limited remote
identification UAS to operate at places other than FAA-recognized
identification areas. The FAA considered requiring all UAS to be
standard remote identification UAS. Under this alternative, owners
desiring to operate any UAS that is not a standard remote
identification UAS would be required to travel to an FAA-recognized
identification area. The FAA analyzed the shortest distance between zip
codes for each online hobbyist registration and the zip code closest to
one of over 2,000 AMA flying fields.\171\ The zip code analysis
indicates a person operating UAS that are not standard remote
identification UAS would be required to travel an average of 16 miles
one-way to the nearest FAA-recognized identification area.
---------------------------------------------------------------------------

\171\ As of April 26, 2019, there are 1,013,893 individuals
registered as hobbyists.
---------------------------------------------------------------------------

Assumptions
Operators of UAS that are not standard remote
identification UAS are

[[Page 72505]]

willing to travel to an FAA-recognized identification area.
The average distance between an FAA-recognized
identification area and the homes for operators of UAS used for limited
recreational operations is 32 miles round trip.
On average, operators of UAS that are not standard remote
identification UAS would travel to an FAA-recognized identification
area 52 times per year.
The share of the UAS fleet operated by recreational flyers
that is not a standard remote identification UAS is assumed to be 82
percent.
Based on these assumptions, the present value travel costs and
opportunity cost of time accrued to recreational flyers is $2,276
million at a seven percent discount rate. These costs accrue during
years 4-10 of the analysis period. Additionally, under this
alternative, affected recreational flyers would no longer be required
to subscribe to a Remote ID USS since they would only be flying at an
FAA-recognized identification area. Thus this affected group would
avert subscription costs. Averted present value subscription costs in
this alternative total $72.7 million at a seven percent discount rate.
As discussed above, the costs of this alternative are calculated
based on individuals traveling an average of 52 times per year to an
FAA-recognized identification area. Given that there is uncertainty
regarding the average number of trips that this affected group would
take on an annual basis, the FAA conducted a sensitivity analysis by
varying the input for travel frequency. Using 26 trips per year, the
total cost becomes $1,138 million, and using 90 trips per year the cost
is $3,939.5 million.\172\
---------------------------------------------------------------------------

\172\ These trip frequencies assume that an individual travels,
on average, every other weekend (26 trips/year), every weekend (52
trips/year), or once every four days (90 trips/year) to an FAA-
Recognized Identification Area. This is used as a sensitivity
analysis of the number of times an individual would travel to an
FAA-recognized identification area in the period of one year. The
lower bound of the sensitivity analysis is based on the average
number of rounds a golfer plays in a year (Source: https://www.ngf.org/golf-industry-research/#golfers). The upper bound of the
sensitivity analysis is based on the number of times in a year a
person engages in a running/jogging/trail running activity (Source:
https://outdoorindustry.org/resource/2018-outdoor-participation-report/. Page 23).
---------------------------------------------------------------------------

vii. Grandfathering of Legacy UAS
The FAA considered allowing UAS that would not be able to retrofit
to continue operating in the airspace of the United States using
software-based flight notification with telemetry.\173\ This would be
accomplished through software based mission planning services. The UAS
operator would self-declare information pertaining to area their drone
would be flying in, including altitude, duration and type of aircraft.
This information would be shared prior to flight to enable authorities
to clearly identify compliant operations. Software apps are currently
available on the marketplace that would support this alternative.
---------------------------------------------------------------------------

\173\ This option was discussed in the UAS Identification and
Tracking (UAS ID) Aviation Rulemaking Committee (ARC)--ARC
Recommendations Final Report, September 30, 2017.
---------------------------------------------------------------------------

The FAA did not pursue this option because it would not meet the
mission needs of the proposed rule for security, performance, and
information quality. While this alternative would allow for the rapid
adoption of Remote ID and Tracking for nearly all classes of UAS, it
relies on the individual operator to proactively report their location
to a USS. Conversely, the proposed rule requires remote identification
UAS to automatically connect to a USS. If the UAS cannot connect to the
USS, the unmanned aircraft will not take off.

B. Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
The FAA believes this proposed rule would have a significant
economic impact on a substantial number of small entities. Therefore,
under Section 603(b) of the RFA, the initial analysis must address:
Description of reasons the agency is considering the
action.
Statement of the legal basis and objectives for the
proposed rule.
Description of the record-keeping and other compliance
requirements of the proposed rule.
All Federal rules that may duplicate, overlap, or conflict
with the proposed rule.
Description and estimated number of small entities to
which the proposed rule will apply.
Description of Significant Regulatory Alternatives for
Small Entities.
1. Description of Reasons the Agency Is Considering the Action
The remote identification of UAS is necessary to ensure public
safety and the safety and efficiency of the airspace of the United
States. The remote identification framework would provide UAS-specific
data, which could be used in tandem with new technologies and
infrastructure to facilitate more advanced operational capabilities
(such as detect-and-avoid and aircraft-to-aircraft communications that
support beyond visual line of sight operations) and to develop the
necessary elements for UTM. Furthermore, remote identification of UAS
would provide airspace awareness to the FAA, national security
agencies, and law enforcement entities, which could be used to
distinguish compliant airspace users from those potentially posing a
safety or security risk.
Current rules for registration and marking of unmanned aircraft
facilitate the identification of the owners of unmanned aircraft, but
normally only upon physical examination of the aircraft. Existing
electronic surveillance technologies, like transponders and ADS-B, were
considered as potential solutions for the remote identification of UAS
but were determined to be unsuitable due to the lack of infrastructure
for these technologies at lower altitudes and potential saturation of
available radio frequency spectrum. Currently, the lack of real-time
and historical data regarding UAS operations affects the ability of the
FAA to oversee the safety and security of the airspace of the United
States, creates challenges for national security agencies and law
enforcement entities in identifying threats, and impedes the further
integration of UAS into the airspace of the United States. The FAA
proposes to address the identification issues associated with UAS by
requiring the use of systems and technology to enable the remote
identification of UAS.
The proposed requirement is consistent with the FAA's safety
mission of overseeing and promoting safety in air commerce and national
security and promoting the safe and

[[Page 72506]]

efficient use of the navigable airspace and would serve the public
interest by creating situational awareness of all UAS flying in the
airspace of the United States. It would also strengthen the FAA's
oversight of UAS operations and support efforts of law enforcement to
address and mitigate disruptive behavior and hazards, which may
threaten the safety and security of the airspace of the United States,
other UAS, manned aviation, and persons and property on the ground. The
near real-time access to remote identification information would also
assist Federal security partners in threat discrimination--allowing
them to identify an operator and make an informed decision regarding
the need to take actions to mitigate a perceived security or safety
risk. The proposed rule would enhance the FAA's ability to monitor
compliance with applicable regulations; would contribute to the FAA's
ability to undertake compliance, enforcement, and educational actions
required to mitigate safety risks; and would advance the safe
integration of UAS into the airspace of the United States.
2. Statement of the Legal Basis and Objectives for the Proposed Rule
Statement of the legal basis. The FAA promulgates this rulemaking
pursuant to various authorities. First, under 49 U.S.C. 40103(b)(1) and
(2), the FAA is directed to issue regulations: (1) To ensure the safety
of aircraft and the efficient use of airspace; and (2) to govern the
flight of aircraft for purposes of navigating, protecting and
identifying aircraft, and protecting individuals and property on the
ground.
Second, under 49 U.S.C. 44701(a)(5), the FAA must promote safe
flight of civil aircraft by prescribing regulations the FAA finds
necessary for safety in air commerce and national security.
Third, under section 2202 of Public Law 114-190, the Administrator
must convene industry stakeholders to facilitate the development of
consensus standards for remotely identifying operators and owners of
UAS and associated unmanned aircraft and to issue regulations or
guidance based on any standards developed.
Fourth, under 49 U.S.C. 44805, the Administrator must establish a
process for, among other things, accepting risk-based consensus safety
standards related to the design and production of small UAS.
Fifth, under 49 U.S.C. 44805(b)(7), the Administrator must take
into account any consensus identification standard regarding remote
identification of unmanned aircraft developed pursuant to section 2202
of Public Law 114-190.
Sixth, under 49 U.S.C. 44809(f), the Administrator is not
prohibited from promulgating rules generally applicable to unmanned
aircraft, including those unmanned aircraft eligible for the exception
for limited recreational operations of unmanned aircraft. Among other
things, this authority extends to rules relating to the registration
and marking of unmanned aircraft and the standards for remotely
identifying owners and operators of UAS and associated unmanned
aircraft.
Seventh, the FAA has authority to regulate registration of aircraft
under 49 U.S.C. 44101-44106 and 44110-44113 which require aircraft to
be registered as a condition of operation and establish the
requirements for registration and registration processes.
Lastly, this rulemaking is promulgated under the authority
described in 49 U.S.C. 106(f), which establishes the authority of the
Administrator to promulgate regulations and rules, and 49 U.S.C.
40101(d), which authorizes the FAA to consider in the public interest,
among other things, the enhancement of safety and security as the
highest priorities in air commerce, the regulation of civil and
military operations in the interest of safety and efficiency, and
assistance to law enforcement agencies in the enforcement of laws
related to regulation of controlled substances, to the extent
consistent with aviation safety.
Objectives for the proposed rule. The FAA is integrating UAS
operations into the airspace of the United States through a phased,
incremental, and risk-based approach.\174\
---------------------------------------------------------------------------

\174\ Consult http://www.faa.gov/uas for additional information
regarding UAS operations.
---------------------------------------------------------------------------

On June 28, 2016, the FAA achieved a major step towards UAS
integration when it issued the final rule for Operation and
Certification of Small Unmanned Aircraft Systems.\175\ This was one of
multiple UAS-related regulatory actions taken by the FAA to enable the
safe integration of UAS into the airspace of the United States. As
technology progresses and the utility of UAS increases, the FAA
anticipates a need for further rulemaking to continue to foster the
safe, secure, and efficient use of the airspace of the United States.
The FAA believes that the next step in the regulatory process involves
the enactment of regulatory requirements to enable the remote
identification of UAS operating in the airspace of the United States.
---------------------------------------------------------------------------

\175\ 81 FR 42064.
---------------------------------------------------------------------------

This action would implement requirements for the remote
identification of UAS. The remote identification of UAS in the airspace
of the United States would address safety, security, and law
enforcement concerns regarding the further integration of these
aircraft into the airspace while also enabling greater operational
capabilities.
3. Description of the Record-Keeping and Other Compliance Requirements
of the Proposed Rule
UAS owners, UAS operators (including pilots, remote pilots, and
persons manipulating the flight controls of UAS), UAS manufacturers
(i.e., persons responsible for the production of UAS), developers of
remote identification means of compliance, and Remote ID USS would have
important roles in the remote identification of UAS. Please see section
I.C of this preamble for additional detail describing the roles and
responsibilities of each group within the scope of the proposed rule.
This proposed rule imposes recordkeeping requirements. First, all
entities intending to use the small unmanned aircraft for limited
recreational operations would be required to include the manufacturer,
model, and serial number of each small unmanned aircraft in the
registration of that aircraft. Requiring the manufacturer, model, and
serial number would obligate registrants to add this additional
information to the registration for all their aircraft used for limited
recreational operations.
Next, the FAA is proposing that persons who develop standards that
the FAA may accept as a means of compliance submit those standards for
review and acceptance by the FAA. A person who submits a means of
compliance is proposed to be required to retain the data for as long as
the means of compliance is accepted plus an additional 24 calendar
months.
The FAA is proposing that persons who produce UAS with remote
identification must meet the minimum performance requirements of the
proposed rule using an FAA-accepted means of compliance. To demonstrate
the UAS has been produced to meet the minimum performance requirements
using an FAA-accepted means of compliance, persons responsible for the
production of UAS would be required to submit to the FAA a declaration
of compliance. A person who submits a declaration of compliance would
be required to retain the data submitted for 24 calendar months after
the cessation

[[Page 72507]]

of production of the UAS with remote identification.
The proposed rule would require a producer to label the UAS to show
that it was produced with remote identification technology capable of
meeting the proposed rule. The proposed labeling requirement would
inform the operator that the UAS is eligible to conduct operations
within the airspace of the United States.
The FAA proposes standard remote identification UAS and limited
remote identification UAS be designed and produced to connect to the
internet and transmit remote identification message elements to Remote
ID USS. The collection of this information in the form of message
elements is necessary to comply with the statutory requirement to
develop standards for remotely identifying operators and owners of UAS
and associated unmanned aircraft. The information transmitted between
the UAS and the Remote ID USS is collected electronically without input
from the human operator, thus there is no burden on the person
manipulating the flight controls of the unmanned aircraft to manually
submit information to the Remote ID USS. There would be an exchange of
information between the Remote ID USS and the FAA when identification
of the UAS is required. At this time, it is unknown how often exchanges
between the FAA and Remote ID USS will occur.
To support the transmission of these message elements, the FAA
envisions that a Remote ID USS (an FAA-qualified third party service
provider) demonstrate four primary capabilities: (1) The ability to
share the remote identification message elements in near real-time with
the FAA upon request; (2) the ability to maintain remote identification
information; (3) the ability to meet contractually-established
technical parameters; and (4) the ability to inform the FAA when their
services are active and inactive. Each Remote ID USS would be required
to establish a contractual relationship with the FAA through a
Memorandum of Agreement (MOA), and to comply with a series of terms,
conditions, limitations, and technical requirements, and to outline how
the Remote ID USS must interpret and provide data to external users, as
well as store and protect such data.
The FAA is proposing that representatives of CBOs submitting
applications for flying sites to become FAA-recognized identification
areas may apply for such designation in a form and manner acceptable to
the FAA. The application would collect certain information regarding
the location and requirements of the flying site, and require the CBO
representative to confirm certain information regarding the site.
4. All Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
The FAA is unaware that the proposed rule will overlap, duplicate
or conflict with existing Federal rules.
5. Description and an Estimated Number of Small Entities to Which the
Proposed Rule Will Apply
This proposed rule would apply to four communities of small
entities: Producers of UAS, entities that either own or operate UAS,
community based organizations, and Remote ID USS.
The first affected group of small entities discussed will be
producers. For purposes of this rulemaking, the FAA estimates that
there are approximately 154 U.S. entities that produce small UAS as of
January 2019.\176\ Out of these 154 U.S. entities, data on entity size,
as defined by number of employees, was available for only 117. Out of
the 117 entities for which data was available, 87 of the entities are
categorized as small, 12 of the entities are categorized as medium, and
18 are categorized as large.\177\ Data for the remaining 37 entities
was not available and thus the entity size could not be determined,
however a majority are believed to be small. NAICS code 336411 is
titled ``Miscellaneous Aircraft Manufacturing.'' The manufacture of
unmanned and robotic aircraft are included in this code. The SBA
defines industries within this code to be small if they employ 1,500
employees or less.
---------------------------------------------------------------------------

\176\ AUVSI Air Platform Database. Accessed January 2019.
\177\ This is based on AUVSI criteria for number of employees.
The AUVSI criteria for a manufacturer of unmanned aircraft to be
identified as a small entity is 49 employees or fewer. The criteria
to be identified as a medium entity is 50-499 employees. Large
entities are determined to have 500 or more employees.
---------------------------------------------------------------------------

The next group of entities affected by the proposed rule are owners
and operators of UAS that conduct operations under part 107 or part 91.
Based on analysis conducted by the Association for Unmanned Vehicle
Systems International (AUVSI), over 85 percent of part 107 waivers
granted have been to small businesses.\178\ Using this finding based on
part 107 waiver data as a proxy for the size of all entities operating
UAS under part 107, the FAA assumes that approximately 85 percent of
the entities operating under part 107 are small. The FAA requests
information on this assumption and the number of small entities
affected by the proposal.
---------------------------------------------------------------------------

\178\ (AUVSI) Association of Unmanned Vehicle Systems
International. As of July 31, 2017, 1,074 waivers had been issued of
which 85 percent were granted to small entities (entities with less
than 10 employees).
---------------------------------------------------------------------------

Model aircraft organizations \179\ currently operating flying sites
are affected by this rulemaking. These organizations would be required
to submit a request to the FAA to have an established flying site
approved as an FAA-recognized identification area. Based on membership
of AMA (Academy of Model Aeronautics), it is estimated that each flying
club has, on average, 78 members.\180\ SBA standards for NAICS code
713990 ``All Other Amusement and Recreation Activities'' is $7.5
million in annual receipts, or less, to be considered a small entity.
Financial records for these individual community based organizations
are not public information, but it is believed that none have receipts
totaling $7.5 million, and thus each is considered a small entity.
---------------------------------------------------------------------------

\179\ Academy of Model Aeronautics (AMA), http://www.modelaircraft.org/aboutama/whatisama.aspx; more than 2,500 AMA
fields.
\180\ Ibid. Based on 2018 AMA membership of 195,000 and
approximately 2,500 AMA fields, the average membership per field is
estimated to be 78 individuals.
---------------------------------------------------------------------------

The last group of entities affected by the proposed rule are Remote
ID USS. Because Remote ID USS do not yet exist, the FAA is unable to
classify the entities as either small or large.
The FAA determines that a majority of entities impacted by this
proposed rule are small. Therefore, the FAA determines this proposed
rule would have a significant economic impact on a substantial number
of small entities.
6. Description of Significant Regulatory Alternatives Considered for
Small Entities
The FAA considered both more and less costly alternatives as part
of the proposed rule because the RFA requires the agency to consider
significant regulatory alternatives that meet the agency's statutory
objectives and minimize the costs to small entities. The alternatives
and the FAA's reasons for rejecting those alternatives are discussed
below.
i. Alternative Compliance Periods--Producers
The chosen compliance period to estimate producer costs is two
years beyond the effective date of the final rule. The FAA considered a
producer compliance period of one year; however, this alternative was
determined to be impractical. One

[[Page 72508]]

reason that the alternative was not chosen is that there is no FAA-
accepted means of compliance currently available for producers to build
to. Until an FAA-accepted means of compliance exists, producers would
not be able to submit a declaration of compliance. Accordingly, the FAA
believes it is practical for an industry consensus standard to be
developed that could be submitted for acceptance as a means of
compliance by the end of year one after the effective date of the final
rule, with an additional year for producers to design, build, and test
UAS that meet the standard.
The two-year compliance period for producers is consistent with
information on timelines for available technology from the UAS-ID ARC
Report and expected availability of USS. The ARC found technologies
similar to planned Remote ID USS transmissions have a ``readiness for
implementation'' of one year or less. This means products would be
available for original equipment manufacturers (producers) within one
year of the requirements being known. This one-year period would start
after the availability of FAA-accepted means of compliance and services
from Remote ID USS--we expect means of compliance and Remote ID USS
availability to take up to one year after the effective date of the
proposed rule.
At this time, the two-year producer compliance period appears
reasonable and has a technical basis. The FAA has not identified or
analyzed an alternative. The current proposal does not preclude earlier
producer compliance (potential economic incentive to comply earlier).
The FAA requests comments on alternative compliance periods that would
minimize costs for small producers.
ii. Alternative Operational Compliance Periods
The FAA considered three years beyond the producer compliance date
for owners and operators to comply with the remote identification
requirements of this proposed rule. This period of time coincides with
the three-year lifespan of a small UAS and would have prevented costly
grounding or replacement of UAS prior to end of useful life. However,
the FAA determined that the three-year compliance period was
unacceptable since it prolonged safety and security risks to air
traffic and airports by delaying the ability of law enforcement
personnel to identify unauthorized UAS operations. To reduce the delay
in implementing remote identification, the owner/operator compliance
period was reduced from three years down to one year.
The FAA analyzed the costs of allowing up to three years for
owners/operators to be in compliance and found this alternative
minimizes costs to owners/operators since on average the affected
existing fleet of UAS could be replaced at the end of useful life
(three years). In addition, this alternative is more likely to reduce
uncertainty of adverse impacts to producers with inventories of UAS
produced before the compliance date that would likely not meet the
remote identification provisions of this proposal. Given the average
three-year UAS lifespan, the three-year operational compliance period
would likely assist producers in depleting existing non-compliant
inventories with reduced impact compared to the proposed one-year
compliance period.
Under this alternative, net present value costs at a three percent
discount rate are $491.7 million with annualized net costs of $57.7
million. At a seven percent discount rate, net present value costs are
$392.6 million with annualized net cost of $55.9 million. These costs
are lower than the costs of the proposed rule: the proposal results in
present value costs of about $582 million at a three percent discount
rate with annualized net costs of about $68.2 million, and net present
value costs of about $473 million at a seven percent discount rate with
annualized net costs of about $67.4 million. This alternative would
likely minimize impacts on small entities affected by this proposed
rule. This alternative does not include impacts and costs related to
the loss of use associated with UAS that cannot be retrofit and earlier
Remote ID USS subscription fees that would occur under the proposed
rule.
iii. FAA-Provided Remote Identification Services
The proposed rule assumes that Remote ID USS will come forward to
offer remote identification services to individuals operating UAS in
the airspace of the United States. The alternative would be for the FAA
to provide these services directly to operators of UAS instead of
providing them through a third party provider. The FAA is uncertain how
it would recoup costs for these services, at least in the short run.
The FAA chose the preferred alternative for several reasons. First, the
LAANC service model has been effective due to the success of public and
private sector partnerships in implementing LAANC and clear
Congressional approval of the model. Second, similar to LAANC USS, the
FAA will not provide payment for the development or operation of Remote
ID USS products or services. The FAA anticipates that the Remote ID USS
would recoup the costs of providing services either through the sale of
subscriptions for remote identification services, on-line advertising,
or ``value added'' services that can be purchased from the service
provider. The FAA requests comments on alternatives for remote
identification services that would minimize cost to small entities.

C. International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and
determined that it ensures the safety of the American public and does
not exclude imports that meet this objective. As a result, this
proposed rule is not considered as creating an unnecessary obstacle to
foreign commerce.
The FAA has considered the ongoing work of international
organizations and other countries. No international (e.g., ICAO)
standards currently exist for the types of operations the FAA proposes
in this rule. The FAA will maintain its awareness of other countries'
and international organizations' work in developing potential standards
relevant to UAS operations.

D. Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently

[[Page 72509]]

uses an inflation-adjusted value of about $155 million in lieu of $100
million.
Although this proposed rule is a significant regulatory action, it
does not contain a mandate that would impose costs of more than $155
million annually. As a result, the requirements of Title II of the Act
do not apply.

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public.
There are several new information collections that the FAA is
proposing as part of this rule, as well as an existing information
collection that is proposed to be revised.
1. New Information collection: Additions to Small Unmanned Aircraft
Registration System
In this rule, the FAA is proposing to require that all persons
registering small unmanned aircraft under part 48 include one or more
telephone number(s) of the applicant, and the manufacturer, model, and
serial number of the unmanned aircraft as part of the registration
information. This information would then be included on the Certificate
of Aircraft Registration.
The FAA recognizes that persons who currently register their small
unmanned aircraft intending to use the small unmanned aircraft as other
than a model aircraft are already required to provide the manufacturer,
model, and serial number, if available, under Sec. 48.100(a). The FAA
proposes to require all persons who register their small unmanned
aircraft to include manufacturer name, model name, serial number, and
telephone number(s) in the registration. Thus, some persons who have
previously registered small unmanned aircraft, but did not include
telephone number, manufacturer, model, and serial number information,
would be required to update the registration of that aircraft.
The FAA is also proposing to require all individuals intending to
use the small unmanned aircraft exclusively as a model aircraft to
include the telephone number(s) of the applicant, and the manufacturer,
model, and serial number of each small unmanned aircraft in the
registration. Requiring the telephone number(s), manufacturer, model,
and serial number would necessitate amending the registration for all
registered model aircraft. Additionally, the FAA proposes to revise the
registration requirements in Part 48 to remove the provisions that
allow small unmanned aircraft to register as model aircraft under a
single Certificate of Aircraft Registration and to require the
individual registration of each aircraft, regardless of its intended
use.\181\ This means that every small unmanned aircraft registered
under part 48 would need to have its own Certificate of Aircraft
Registration.
---------------------------------------------------------------------------

\181\ This proposal uses the term ``limited recreational
operations'' when discussing registration requirements under part
48. Part 48 uses the term ``model aircraft'' to describe
recreational UAS operations. The FAA considers that model aircraft
under part 48 are consistent with the ``limited recreational
operations'' described in 49 U.S.C. 44809, therefore ``limited
recreational operations'' has been used throughout to ensure
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

As has been discussed, the FAA recognizes that some small unmanned
aircraft would already have serial numbers, while others would require
the FAA to assign serial numbers as part of the process of amending the
registration. Requiring owners of unmanned aircraft to provide their
telephone numbers as part of the registration process would assist FAA
and law enforcement to disseminate safety and security related
information to the registrant in near real-time.
Therefore, the FAA is proposing a new information collection,
Additions to Small Unmanned Aircraft Registration System, to reflect
the additional burden of adding the telephone number, manufacturer,
model, and serial number to each registration and to reflect the burden
of having each unmanned aircraft registered separately.
Use: The FAA would use the telephone number, manufacturer, model,
and serial number to assist with the remote identification of unmanned
aircraft systems. The serial number, which may be transmitted as the
unique identifier of an unmanned aircraft, would help to identify the
aircraft and associate the aircraft with its owner. The FAA would use
the telephone number of the owner to disseminate safety and security-
related information to the registrant.

Table 11--Small Unmanned Aircraft Registration--Limited Recreational Operations Incremental Hourly Burden and
Cost
[$Mil.]
----------------------------------------------------------------------------------------------------------------
Total cost
Year Registrations Hourly burden ($Mil.)
----------------------------------------------------------------------------------------------------------------
1............................................................... 442,623 12,082 $0.17
2............................................................... 335,236 8,040 0.11
3............................................................... 372,127 8,899 0.13
-----------------------------------------------
Total....................................................... 1,149,986 29,021 0.41
----------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

2. New Information Collection: Identification of Foreign-Registered
Civil Unmanned Aircraft Operating in the Airspace of the United States
The FAA is proposing to extend the operational requirements of part
89 to persons operating foreign civil unmanned aircraft in the United
States. These persons would have to comply with the remote
identification requirements, which means that these persons would have
to operate foreign civil unmanned aircraft that qualify as standard
remote identification UAS, limited remote identification UAS, or that
have no remote identification equipment but are operated within an FAA-
recognized identification area.
The FAA is proposing to allow a person to operate foreign-
registered civil unmanned aircraft in the United States only if the
person submits a notice of identification to the Administrator. The
notice would include the following information to allow FAA to
associate an unmanned aircraft to a responsible person:
(1) The name of the operator and, for an operator other than an
individual, the name of the authorized

[[Page 72510]]

representative providing the notification.
(2) The physical address of the operator and, for an operator other
than an individual, the physical address for the authorized
representative. If the operator or authorized representative does not
receive mail at the physical address, a mailing address must also be
provided.
(3) The physical address of the operator in the United States.
(4) One or more telephone number(s) where the operator can be
reached while in the United States.
(5) The email address of the operator or, for an operator other
than an individual, the email address of the authorized representative.
(6) The aircraft manufacturer and model name.
(7) The serial number of the aircraft.
(8) The country of registration of the aircraft.
(9) The registration number of the aircraft.
Once a person submits a notice of identification, the FAA would
issue a confirmation of identification. A person operating a foreign-
registered unmanned aircraft in the United States would have to
maintain the confirmation of identification at the UAS' control station
and would have to produce it when requested by the FAA or a law
enforcement officer. The holder of a confirmation of identification
would have to ensure that the information provided remains accurate and
is current prior to operating a foreign registered civil unmanned
aircraft system in the United States.
Use: The FAA would use information provided by operators of
foreign-registered civil unmanned aircraft operating in the airspace of
the United States to identify those aircraft.

Table 12--Notice of Identification
[Unit cost]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minutes to Additional Recreational flyer opportunity
Year establish minutes per Total minutes Part 107 opportunity cost of time cost of time ($0.237/minute)
account \182\ aircraft ($1.55/minute) \183\ \184\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................................. 5 1 6 $9.30/notification............... $1.42/notification.
2.................................. 5 1 6 $9.30/notification............... $1.42/notification.
3.................................. 5 1 6 $9.30/notification............... $1.42/notification.
--------------------------------------------------------------------------------------------------------------------------------------------------------

3. New Information Collection: Remote Identification Means of
Compliance, Declaration of Compliance, and Labeling Requirements
---------------------------------------------------------------------------

\182\ https://www.faa.gov/news/updates/media/2015-12-13_2120-AK82_RIA.pdf. See Page 13 of the Regulatory Impact Analysis of the
Interim Final Rule Regulatory Evaluation for the Registration and
Marking Requirements for Small Unmanned Aircraft. RIN 2120-AK82.
\183\ The FAA estimates the wage earned by Part 107 operators to
be similar to that of a fully burdened wage (compensation +
benefits) of an FAA technical subject matter expert, which is $92.72
per hour ($1.55 per minute).
\184\ Department of Transportation Departmental Guidance on
Valuation of Travel Time in Economic Analysis, September 27, 2016.
Table 4 Recommended Hourly Values of Travel Time Savings, Page 17.
In constant dollars, the hourly value of time for personal travel is
$14.21 per hour ($.237 per minute). This value is used as a proxy
for the value of time of someone operating UAS for recreational
operations.
---------------------------------------------------------------------------

i. Means of Compliance
The FAA is proposing to require persons who develop standards that
the FAA may accept as means of compliance for the production of UAS
with remote identification to submit those standards for review and
acceptance by the FAA. The means of compliance would include
requirements for producer demonstration of how the UAS with remote
identification performs its intended functions and meets the
performance requirements by analysis, ground test, or flight test, as
appropriate. A person who submits a means of compliance that is
accepted by the FAA would be required to retain the following data for
as long as the means of compliance is accepted and an additional 24
calendar months: All documentation and substantiating data submitted
for the acceptance of the means of compliance; records of all test
procedures, methodology, and other procedures, if applicable; and any
other information necessary to justify and substantiate how the means
of compliance enables compliance with the remote identification
requirements of part 89.
Use: The FAA would use the means of compliance as a way for persons
responsible for the production of standard remote identification UAS or
limited remote identification UAS to demonstrate compliance with the
requirements for remote identification of UAS.

Table 14--Means of Compliance Hourly Burden and Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year MOC submitted Total pages Hrs per page Total hours Cost per hour Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... 1 12 1 12 $92.72 $1,112.64
2....................................................... 1 12 1 12 92.72 1,112.64
3....................................................... 1 12 1 12 92.72 1,112.64
-----------------------------------------------------------------------------------------------
Total............................................... 3 36 3 36 .............. 3,337.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

ii. Declaration of Compliance
The FAA is proposing to require persons responsible for the
production of UAS with remote identification to produce those UAS to
meet the minimum performance requirements of the rule using an FAA-
accepted means of compliance. To demonstrate that a UAS has been
produced using an FAA-accepted means of compliance, producers would be
required to submit

[[Page 72511]]

to the FAA a declaration of compliance containing:
The name, physical address, telephone number, and email
address of the person responsible for production of the standard remote
identification UAS or limited remote identification UAS.
The UAS make and model.
The UAS serial number, or the range of serial numbers for
which the person responsible for production is declaring compliance.
The means of compliance used in the design and production
of the UAS and whether the UAS is a standard remote identification UAS
or a limited remote identification UAS.
Whether the declaration of compliance is an initial
declaration or an amended declaration, and if the declaration of
compliance is an amended declaration, the reason for the amendment.
A declaration that the person responsible for the
production of the UAS:
[cir] Can demonstrate that the UAS was designed and produced to
meet the minimum performance requirements of standard remote
identification UAS or limited remote identification UAS by using an
FAA-accepted means of compliance.
[cir] Will, upon request, allow the Administrator to inspect its
facilities, technical data, and any UAS produced with remote
identification, and to witness any tests necessary to determine
compliance with part 89, subpart D.
[cir] Will perform independent audits on a recurring basis, and
whenever the FAA provides notice of noncompliance or of potential
noncompliance, to demonstrate compliance with the requirements of
subpart F of part 89, and will provide the results of those audits to
the FAA upon request.
[cir] Will maintain product support and notification procedures to
notify the public and the FAA of any defect or condition that causes
the UAS to no longer meet the requirements of subpart F of part 89,
within 15 calendar days of the date the person becomes aware of the
defect or condition.
A person who submits a declaration of compliance that is accepted
by the FAA would be required to retain the following data for 24
calendar months after the cessation of production of the UAS with
remote identification: The means of compliance, all documentation, and
substantiating data related to the means of compliance used; records of
all test results; and any other information necessary to demonstrate
compliance with the means of compliance so that the UAS meets the
remote identification requirements of part 89.
Use: The FAA would use the declaration of compliance to determine
that the person responsible for the production of standard remote
identification UAS or limited remote identification UAS has
demonstrated compliance with the requirements for remote identification
of UAS.

Table 13--Declaration of Compliance Hourly Burden and Cost
[$Mil.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year DoC submitted Pages per DoC Hours per page Hourly burden Cost per hour Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... .............. .............. .............. .............. .............. ..............
2....................................................... 1,155 50 1 57,750 $82.93 $4.79
3....................................................... 19 50 1 945 82.93 0.08
-----------------------------------------------------------------------------------------------
Total............................................... 1,174 .............. .............. 58,695 82.93 4.87
--------------------------------------------------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

iii. Labeling
For standard remote identification UAS and limited remote
identification UAS, the proposed rule would require the person
responsible for production of the UAS to label the unmanned aircraft to
show that it was produced with remote identification technology that
meets the requirements of the proposed rule and to indicate whether it
is a standard remote identification UAS or a limited remote
identification UAS. The label would be in English and be legible,
prominent, and permanently affixed to the unmanned aircraft. The
proposed labeling requirement would assist the operator to know that
his or her UAS is eligible to conduct operations within the airspace of
the United States.
Use: The proposed labeling requirement would assist the FAA and
owners and operators of UAS to determine if the UAS meets the remote
identification requirements of the proposed rule.

Table 14--Labeling Requirement Hourly Burden and Cost
[$Mil.]
----------------------------------------------------------------------------------------------------------------
Number of Hours per
Year platforms design Hourly burden Cost per hour Total cost
----------------------------------------------------------------------------------------------------------------
1............................... .............. .............. .............. .............. ..............
2............................... 1,100 2 2,200 $82.93 $0.182
3............................... 18 2 36 82.93 0.003
-------------------------------------------------------------------------------
Total....................... 1,118 .............. 2,236 .............. 0.185
----------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

4. New Information Collection: UAS Remote Identification Message
Elements
The FAA is proposing that standard remote identification UAS and
limited remote identification UAS be designed and produced to connect
to the internet and transmit remote identification message elements to
Remote Identification UAS Service Suppliers (Remote ID USS). The
collection of this information in the form of message elements is
necessary to comply with

[[Page 72512]]

the statutory requirement to develop standards for remotely identifying
operators and owners of UAS and associated unmanned aircraft.
Furthermore, remote identification of UAS would provide airspace
awareness to the FAA, national security agencies, and law enforcement
entities, which could be used to distinguish compliant airspace users
from those potentially posing a safety or security risk.
Under this proposed rule, no person would be able to operate a UAS
required to have remote identification within the airspace of the
United States unless the UAS is capable of connecting to the internet
and transmitting certain remote identification message elements
throughout the operation. Persons operating UAS would comply with
remote identification in one of three ways. First, standard remote
identification UAS would connect to the internet and transmit remote
identification message elements through that internet connection to a
Remote ID USS and broadcast those message elements directly from the
unmanned aircraft. These message elements would include the UAS
Identification (either the unmanned aircraft's serial number or session
ID), latitude, longitude, and barometric pressure altitude of both the
control station and the unmanned aircraft, a time mark, and an
emergency status code that would transmit only when applicable. A
standard remote identification UAS that could no longer broadcast the
message elements would have to land as soon as practicable.
Second, limited remote identification UAS would be required to
connect to the internet and transmit similar remote identification
message elements through that internet connection to a Remote ID USS.
If the connection to the internet were unavailable or if the UAS could
no longer transmit remote identification message elements to a Remote
ID USS, the unmanned aircraft would not be able to take off. Limited
remote identification UAS would be designed and produced to operate no
more than 400 feet from the control station, cannot broadcast remote
identification message elements, and would have to be operated within
visual line of sight.
The third way to comply with the UAS remote identification
requirements would be to operate a UAS without remote identification at
an FAA-Recognized Identification Area. Because these types of
operations do not involve any information exchanges with a Remote ID
USS, they were not considered as part of this information collection.
Use: The remote identification message elements would be sent from
the UAS to the Remote ID USS over the internet. The Remote ID USS
would, in turn, transmit the information collected to the FAA as
required. To implement remote identification, the FAA anticipates
establishing a cooperative data exchange mechanism between the FAA and
Remote ID USS.
The information transmitted between the UAS and the Remote ID USS
is collected electronically without input from the human operator, thus
there is no burden on the person manipulating the flight controls of
the UAS to submit information to the Remote ID USS. There would be an
exchange of information between the Remote ID USS and the FAA when
identification of the owner of the unmanned aircraft or the location of
the UAS is required. At this time, it is unknown how often exchanges
between the FAA and Remote ID USS would occur. The following table
shows the number of estimated respondents that would transmit messages
through the internet to a Remote ID USS and the number of Remote ID USS
that would exchange data with the FAA.

Table 15--Transmit USS Message Elements
------------------------------------------------------------------------
Remote ID Remote ID USS
Year respondents respondents
------------------------------------------------------------------------
1....................................... .............. ..............
2....................................... 422,498 10
3....................................... 972,258 11
-------------------------------
Total................................. 1,394,756 26
------------------------------------------------------------------------

5. New Information Collection: Application for FAA-Recognized
Identification Areas
The FAA is proposing that community-based organization (CBO)
representatives submitting applications for flying sites to become FAA-
recognized identification areas may apply for such establishment in a
form and manner acceptable to the FAA. The application would collect
certain information regarding the location of the flying site, and
require the CBO representative to confirm certain information regarding
the site.
An applicant for an FAA-recognized identification area would be
required to submit: (1) The name of the CBO making the request; (2) a
declaration that the person making the request has the authority to act
on behalf of the CBO; (3) the name and contact information, including
telephone number, of the primary point of contact for communications
with the FAA; (4) the physical address of the proposed FAA-recognized
identification area; (5) the latitude and longitude coordinates
delineating the geographic boundaries of the proposed FAA-recognized
identification area, and (6) if applicable, a copy of any existing
letter of agreement regarding the flying site.
Use: Applications would permit CBOs recognized by the Administrator
to apply for FAA-recognized identification area status.

Table 16--CBO Request for FAA-Recognized Identification Area Hourly Burden and Cost
[$Mil]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Requests Pages per
Year submitted request Total pages Hours per page Total hours Hourly burden Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................... 2,500 4 10,000 0.5 5000 $58.12 $0.29
2....................................... .............. .............. .............. .............. .............. .............. ..............
3....................................... .............. .............. .............. .............. .............. .............. ..............
---------------------------------------------------------------------------------------------------------------
Total............................... 2,500 .............. 10,000 .............. 5,000 .............. 0.29
--------------------------------------------------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

[[Page 72513]]

6. Requirements for Which Information Collections Are Not Proposed
i. Existing Information Collection 2120-0042: Aircraft Registration
While the FAA is proposing to clarify in new Sec. 47.14 that all
unmanned aircraft registering under part 47 must include a serial
number as part of the registration, the FAA is not proposing to revise
existing information collection 2120-0042, Aircraft Registration. The
inclusion of a serial number in registrations under part 47 has always
been required and a revision to this information collection is not
necessary.
ii. Existing Information Collection 2120-0021: Certification: Pilots
and Flight Instructors
While the FAA is proposing to require that new questions regarding
remote identification of UAS be included on the initial and recurrent
aeronautical knowledge tests described in Sec. 107.73, and that new
training be included in the initial and recurrent training described in
Sec. 107.74, for persons seeking a remote pilot certificate with a
small UAS rating, the FAA does not believe that the addition of these
questions would necessitate further time on the part of applicants to
complete the test or training. Therefore, the FAA is not proposing to
revise existing information collection 2120-0021, Certification: Pilots
and Flight Instructors.
iii. Remote ID USS
While the FAA envisions the use of Remote ID USS for the
transmission of UAS remote identification information, the FAA is still
developing the concepts and requirements for those USS. Because the FAA
is uncertain at this time regarding the requirements for application by
persons to be Remote ID USS, the FAA is not proposing here to establish
an information collection for Remote ID USS.
Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by March 2, 2020. Comments may also
be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Office Building, Room 10202, 725 17th Street NW,
Washington, DC 20053.

F. International Compatibility and Cooperation

In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization Standards and Recommended
Practices to the maximum extent practicable. The FAA has reviewed the
corresponding ICAO Standards and Recommended Practices and has
identified no differences with these regulations. Additionally, the FAA
regularly reaches out to its international partners on a bilateral and
multilateral basis to harmonize regulations to the maximum extent
possible. The FAA's international outreach efforts include the
following:
Discussions with the Switzerland Federal Office of Civil
Aviation (FOCA) regarding plans for use of remote identification to
facilitate U-Space \185\ operations and plans to allow multiple UAS
Service Suppliers to serve a range of U-Space operators in concept
similar to current and future FAA USS plans;
---------------------------------------------------------------------------

\185\ As described by the Single European Sky ATM Research
(SESAR) Joint Undertaking, ``U-space is a set of new services
relying on a high level of digitalization and automation of
functions and specific procedures designed to support safe,
efficient and secure access to airspace for large numbers of
drones.'' https://www.sesarju.eu/U-space.
---------------------------------------------------------------------------

Collaboration with the European Aviation Safety Agency
(EASA) on the EASA U-Space Regulatory Framework;
Cooperation in the Joint Authorities for Rulemaking on
Unmanned Systems (JARUS) on UTM/U-Space and other regulatory
recommendations under development;
Collaboration with the Transport Canada Civil Aviation
(TCCA) Remotely Piloted Aircraft Systems (RPAS) Task Force on policy,
rulemaking, regulatory, and research and development topics related to
UAS and beyond visual line of sight operations;
Hosting the Sharing Best Practices for Managing Unmanned
Aircraft Systems (UAS) With Association of Southeast Asian Nations
(ASEAN) Member States workshop in Singapore; and
Meetings with the Australia Civil Aviation Safety
Authority (CASA) to share best practices and lessons learned on UAS
integration.
In addition, the FAA has assessed the European Commission
regulations for UAS remote identification and compared them to the
requirements in this proposal. One difference between the two is that
the European Commission regulations require only a remote
identification broadcast, whereas the FAA's proposal includes both a
broadcast and a requirement that the same information be transmitted
through an internet connection to a third-party service supplier.
Another difference is that the European regulation requires the
broadcast of both the unmanned aircraft registration number and the
serial number, whereas the FAA's proposal uses the unmanned aircraft
serial number or session ID as the unique identifier in the remote
identification message set. Other differences include that the European
regulation requires message elements for the route course and speed of
the unmanned aircraft, while the FAA's proposal does not and the FAA
proposal includes remote identification message elements for emergency
status and a time mark, but the European regulation does not. At the
same time, there are similarities. The European regulation and the
FAA's proposal both include the position of the unmanned aircraft and
the control station as remote identification message elements.

G. Environmental Analysis

FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an Environmental Assessment or
Environmental Impact Statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f of this order and involves no
extraordinary circumstances.
This rulemaking action provides a framework for the remote
identification of all UAS operating in the airspace of the United
States. It does not affect the frequency of UAS operations in the
airspace of the United States. The FAA has reviewed the implementation
of the rulemaking action and determined it is categorically excluded
from further environmental review. Possible extraordinary circumstances
that would preclude the use of a categorical exclusion have been
examined and the FAA has determined that no such circumstances exist.
After careful and thorough consideration of the rulemaking action, the
FAA finds that it does not require preparation of an Environmental
Assessment or Environmental Impact Statement in accordance with the
requirements of NEPA, Council on Environmental Quality (CEQ)
regulations, and FAA Order 1050.1F.

XX. Executive Order Determinations

A. Executive Order 13132, Federalism

The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship

[[Page 72514]]

between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
and, therefore, would not have Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
For significant regulations that the agency identifies as having
significant international impacts, the FAA has to consider, to the
extent feasible, appropriate, and consistent with law, any regulatory
approaches by a foreign government that the United States has agreed to
consider under a regulatory cooperation council work plan. A
significant regulatory action under Executive Order 13609 has the same
meaning as in section 3(f) of Executive Order 12866. An international
impact, as defined in Executive Order 13609, means ``a direct effect
that a proposed or final regulation is expected to have on
international trade and investment, or that otherwise may be of
significant interest to the trading partners of the United States.''
As discussed in the International Compatibility and Cooperation
section of this proposed rule, in keeping with U.S. obligations under
the Convention on International Civil Aviation, the FAA seeks to
conform to International Civil Aviation Organization Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations. Additionally, the
FAA regularly reaches out to its international partners on a bi-lateral
and multi-lateral basis to harmonize regulations to the maximum extent
possible. Thus, the FAA believes that the proposed rule should have no
effect on international regulatory cooperation.

XXI. Tribal Considerations

Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\186\ and FAA Order
1210.20, American Indian and Alaska Native Tribal Consultation Policy
and Procedures,\187\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this proposed
rule.
---------------------------------------------------------------------------

\186\ 65 FR 67249 (Nov. 6, 2000).
\187\ FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

XXII. Privacy

With regard to the information manufacturers and operators may
submit in accordance with this proposed rule's requirements, the FAA
conducted a privacy impact assessment (PIA) under section 522(a)(5) of
division H of the FY 2005 Omnibus Appropriations Act, Public Law 108-
447, 118 Stat. 3268 (Dec. 8, 2004) and section 208 of the E-Government
Act of 2002, Public Law 107-347, 116 Stat. 2889 (Dec. 17, 2002). The
PIA found the NPRM requirements that affect privacy include: the
registration of the UAS with the FAA, the transmission of data from the
UAS to Remote ID USS, the broadcast of data from standard remote
identification UAS to any person capable of receiving broadcasts, the
use of PII in the manufacturer's declaration of compliance, and the use
of PII in applications to establish FAA-recognized identification areas
for UAS flying.
The PIA points to several mitigation strategies including: limiting
collection to only relevant and necessary PII, limiting the use of PII
to the specific purpose for which it was collected, using security
measures to protect PII collected, notifying individuals of collection
practices prior to collection, and the voluntary nature of all PII
submitted. Additionally, the FAA would enter into contractual
agreements with the Remote ID USS including directions for the use,
protection, and storage of the data. Section XIV discusses the data
security requirements the FAA intends to impose upon FAA-qualified
Remote ID USS. Although the message elements themselves would be
publicly accessible information, the ability to cross-reference that
information with registry data would not be publicly available and
would be limited to the FAA and law enforcement for security purposes.
In the 2016 Rule, the FAA acknowledged various organizations' and
commenters' concerns regarding the use of small UAS to collect
information about individuals. In that rule, the FAA noted that privacy
concerns were beyond the scope of the FAA's mission to ensure safety
and efficiency of aviation operations in the airspace of the United
States, but discussed various methods by which the FAA intended to
continue addressing privacy concerns through engagement and
collaboration with the public, stakeholders, and other agencies with
authority and subject matter expertise in privacy law and policy.
As part of the PIA, the FAA analyzed the effect the proposed rule
might have on collecting, storing, and disseminating personally
identifiable information (PII) of manufacturers and UAS operators. The
FAA also examined and evaluated protections and alternative
information-handling processes in developing the proposed rule to
mitigate potential privacy risks. A copy of the draft PIA is posted in
the docket for this rulemaking.\188\
---------------------------------------------------------------------------

\188\ Upon finalization, PIAs are posted on the Department of
Transportation's Privacy Program page, available at https://www.transportation.gov/individuals/privacy/privacy-impact-assessments#Federal%20Aviation%20Administration%20(FAA).
---------------------------------------------------------------------------

XXIII. Additional Information

A. Comments Invited

The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives. Before
acting on this proposal, the FAA will consider all

[[Page 72515]]

comments it receives on or before the closing date for comments. The
agency may change this proposal in light of the comments it receives.

B. Confidential Business Information

Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

C. Availability of Rulemaking Documents

An electronic copy of rulemaking documents may be obtained from the
internet by:
Searching the Federal eRulemaking Portal (http://www.regulations.gov);
Visiting the FAA's Regulations and Policies at https://www.faa.gov/regulations_policies; or
Accessing the Government Publishing Office at https://www.govinfo.gov.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced above.

D. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 1

Air transportation.

14 CFR Part 47

Aircraft, Reporting and recordkeeping requirements.

14 CFR Part 48

Aircraft, Reporting and recordkeeping requirements.

14 CFR Part 89

Aircraft, Airmen, Air traffic control, Aviation safety,
Incorporation by reference, Reporting and recordkeeping requirements,
Security measures.

14 CFR Part 91

Air traffic control, Aircraft, Airmen, Aviation safety, Reporting
and recordkeeping requirements, Security measures.

14 CFR Part 107

Aircraft, Airmen, Aviation safety, Security measures.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 is revised to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701.

0
2. In Sec. 1.1, add the terms ``unmanned aircraft system,'' ``unmanned
aircraft system service supplier'' and ``visual line of sight'' in
alphabetical order to read as follows:

Sec. 1.1 General definitions.

* * * * *
Unmanned aircraft system means an unmanned aircraft and its
associated elements (including communication links and the components
that control the unmanned aircraft) that are required for the safe and
efficient operation of the unmanned aircraft in the airspace of the
United States.
Unmanned aircraft system service supplier means a person qualified
by the Administrator to provide aviation-related services to unmanned
aircraft systems.
* * * * *
Visual line of sight means the ability of a person manipulating the
flight controls of the unmanned aircraft or a visual observer (if one
is used) to see the unmanned aircraft throughout the entire flight with
vision that is unaided by any device other than corrective lenses.
* * * * *
0
3. In Sec. 1.2, add the abbreviation ``USS'' in alphabetical order to
read as follows:

Sec. 1.2 Abbreviations and symbols.

* * * * *
USS means an unmanned aircraft system service supplier.
* * * * *

PART 47--AIRCRAFT REGISTRATION

0
4. The authority citation for part 47 is revised to read as follows:

Authority: 4 U.S.T. 1830; Public Law 108-297, 118 Stat. 1095
(49 U.S.C. 40101 note, 49 U.S.C. 44101 note); 49 U.S.C. 106(f),
106(g), 40113-40114, 44101-44108, 44110-44113, 44703-44704, 44713,
44809(f), 45302, 45305, 46104, 46301.

0
5. Add Sec. 47.14 to read as follows:

Sec. 47.14 Serial numbers for unmanned aircraft.

The unmanned aircraft serial number provided as part of any
application for aircraft registration of a standard remote
identification unmanned aircraft or a limited remote identification
unmanned aircraft must be the serial number issued by the manufacturer
of the unmanned aircraft in accordance with the design and production
requirements of part 89.

PART 48--REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED
AIRCRAFT

0
6. The authority citation for part 48 is revised to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40113-40114,
41703, 44101-44103, 44105-44106, 44110-44113, 44809(f), 45302,
45305, 46104, 46301, 46306.

0
7. Revise Sec. 48.5 to read as follows:

Sec. 48.5 Compliance dates.

(a) Except as provided in paragraph (b) or (c) of this section,
compliance with the requirements of this part or part 47 of this
chapter is required prior to operation of the small unmanned aircraft.
(b) For small unmanned aircraft registered prior to [EFFECTIVE DATE

[[Page 72516]]

OF FINAL RULE], compliance with the requirements of this part or part
47 of this chapter is required no later than [COMPLIANCE DATE 36 MONTHS
FROM EFFECTIVE DATE OF FINAL RULE] or upon renewal of the registration,
whichever is sooner.
(c) For small unmanned aircraft registered exclusively as model
aircraft prior to [EFFECTIVE DATE OF THE FINAL RULE], compliance with
the requirements of this part or part 47 of this chapter is required no
later than [COMPLIANCE DATE 36 MONTHS FROM THE EFFECTIVE DATE OF THE
FINAL RULE] or upon renewal of the registration, whichever is sooner.
0
8. In Sec. 48.15, revise paragraph (b) to read as follows:

Sec. 48.15 Requirement to register.

* * * * *
(b) The aircraft is used exclusively for limited recreational
operations and weighs 0.55 pounds or less on takeoff, including
everything that is on board or otherwise attached to the aircraft; or
* * * * *
0
9. Revise Sec. 48.30 to read as follows

Sec. 48.30 Fees.

The fee for issuing or renewing a Certificate of Aircraft
Registration for aircraft registered in accordance with Sec. 48.100 is
$5.00 per aircraft. Each application for and renewal of a Certificate
of Aircraft Registration must be accompanied by the fee, paid to the
Federal Aviation Administration through the web-based small unmanned
aircraft registration system, or in another manner if prescribed by the
Administrator.
0
10. Revise Sec. 48.100 to read as follows:

Sec. 48.100 Application.

(a) Required information. Each applicant for a Certificate of
Aircraft Registration issued under this part must submit all of the
following information to the Registry:
(1) Applicant name and, for an applicant other than an individual,
the name of the authorized representative applying for a Certificate of
Aircraft Registration.
(2) Applicant's physical address and, for an applicant other than
an individual, the physical address for the authorized representative.
If the applicant or authorized representative does not receive mail at
their physical address, a mailing address must also be provided.
(3) Applicant's email address or, for applicants other than
individuals, the email address of the authorized representative.
(4) Applicant's telephone number(s).
(5) The aircraft manufacturer and model name.
(6) For any standard remote identification unmanned aircraft or
limited remote identification unmanned aircraft, the serial number
issued by the manufacturer of the unmanned aircraft in accordance with
the design and production requirements of part 89.
(7) Other information as required by the Administrator.
(b) Provision of information. The information identified in
paragraph (a) of this section must be submitted to the Registry through
the web-based small unmanned aircraft registration system in a form and
manner prescribed by the Administrator.
(c) Issuance of Certificate of Aircraft Registration. The FAA will
issue a Certificate of Aircraft Registration upon completion of the
application requirements provided in paragraph (a) of this section.
0
11. In Sec. 48.110, revise the section heading and paragraph (a) to
read as follows:

Sec. 48.110 Aircraft Registration.

(a) Certificate of Aircraft Registration. A Certificate of Aircraft
Registration issued in accordance with Sec. 48.100 constitutes
registration only for the small unmanned aircraft identified on the
application.
* * * * *

Sec. 48.115 [Reserved]

0
12. Remove and reserve Sec. 48.115.
0
13. Amend Sec. 48.200 by revising paragraphs (b)(1) and (2) to read as
follows:

Sec. 48.200 General.

* * * * *
(b) * * *
(1) The registration number issued by the Administrator upon
completion of the registration process provided by this part; or
(2) If authorized by the Administrator, the small unmanned aircraft
serial number provided with the application for Certificate of Aircraft
Registration under Sec. 48.100.
0
14. Add part 89 to subchapter F to read as follows:

PART 89--REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT SYSTEMS

Subpart A--General
Sec.
89.1 Definitions.
89.5 Falsification, reproduction, alteration, or omission.
Subpart B--Operating Requirements
89.101 Applicability.
89.105 Remote identification requirement.
89.110 Standard remote identification unmanned aircraft systems.
89.115 Limited remote identification unmanned aircraft systems.
89.120 Unmanned aircraft systems without remote identification.
89.125 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
prohibition.
89.130 Confirmation of identification.
89.135 Record retention.
Subpart C--FAA-Recognized Identification Areas
89.201 Applicability.
89.205 Eligibility.
89.210 Requests for establishment of an FAA-recognized
identification area.
89.215 Approval of FAA-recognized identification areas.
89.220 Amendment.
89.225 Duration of an FAA-recognized identification area.
89.230 Expiration and termination.
Subpart D--Requirements for Unmanned Aircraft Systems with Remote
Identification
89.301 Applicability.
89.305 Minimum message elements broadcast and transmitted by
standard remote identification unmanned aircraft systems.
89.310 Minimum performance requirements for standard remote
identification unmanned aircraft systems.
89.315 Minimum message elements transmitted by limited remote
identification unmanned aircraft systems.
89.320 Minimum performance requirements for limited remote
identification unmanned aircraft systems.
Subpart E--Means of Compliance
89.401 Applicability.
89.405 Submission of a means of compliance for FAA acceptance.
89.410 Acceptance of a means of compliance.
89.415 Rescission.
89.420 Record retention.
Subpart F--Design and Production of Unmanned Aircraft Systems With
Remote Identification
89.501 Applicability.
89.505 Serial numbers.
89.510 Production requirements.
89.515 Labeling.
89.520 Submission of a declaration of compliance for FAA acceptance.
89.525 Acceptance of a declaration of compliance.
89.530 Rescission and reconsideration.
89.535 Record retention.

Authority: 49 U.S.C. 106(f), 106(g), 40101(d), 40103(b), 44701,
44805, 44809(f), Section 2202 of Pub. L. 114-190.

Subpart A--General

Sec. 89.1 Definitions.

The following definitions apply to this part. If there is a
conflict between the definitions of this part and the

[[Page 72517]]

definitions specified in Sec. 1.1 of this chapter, the definitions in
this part control for purposes of this part:
Amateur-built unmanned aircraft system means an unmanned aircraft
system the major portion of which has been fabricated and assembled by
a person who undertook the construction project solely for their own
education or recreation.
Broadcast means to send information from an unmanned aircraft using
radio frequency spectrum.
Remote ID USS means a USS qualified by the Administrator to provide
remote identification services.

Sec. 89.5 Falsification, reproduction, alteration, or omission.

(a) No person may make or cause to be made:
(1) Any fraudulent or intentionally false statement in any document
related to any acceptance, application, approval, authorization,
certificate, declaration, designation, qualification, record, report,
request for reconsideration, or similar, submitted under this part.
(2) Any fraudulent or intentionally false statement in any document
required to be developed, provided, kept, or used to show compliance
with any requirement under this part.
(3) Any reproduction or alteration, for fraudulent purpose, of any
document related to any acceptance, application, approval,
authorization, certificate, declaration, designation, qualification,
record, report, request for reconsideration, or similar, submitted or
granted under this part.
(b) No person may, by omission, knowingly conceal or cause to be
concealed, a material fact in:
(1) Any document related to any acceptance, application, approval,
authorization, certificate, declaration, designation, qualification,
record, report, request for reconsideration, or similar, submitted
under this part.
(2) Any document required to be developed, provided, kept, or used
to show compliance with any requirement under this part.
(c) The commission by any person of an act prohibited under
paragraphs (a) or (b) of this section is a basis for:
(1) Denial, suspension, rescission, or revocation of any
acceptance, application, approval, authorization, certificate,
declaration, declaration of compliance, designation, document, filing,
qualification, means of compliance, record, report, request for
reconsideration, or similar instrument issued or granted by the
Administrator and held by that person; or
(2) A civil penalty.

Subpart B--Operating Requirements

Sec. 89.101 Applicability.

This subpart applies to the following:
(a) Persons operating unmanned aircraft registered or required to
be registered under part 47 or part 48 of this chapter.
(b) Persons operating foreign civil unmanned aircraft in the United
States.

Sec. 89.105 Remote identification requirement.

Except as otherwise authorized by the Administrator, after
[COMPLIANCE DATE 36 MONTHS FROM EFFECTIVE DATE OF FINAL RULE], no
person may operate an unmanned aircraft system within the airspace of
the United States unless the operation is conducted under one of the
following conditions:
(a) The unmanned aircraft system is a standard remote
identification unmanned aircraft system and that person complies with
the requirements of Sec. 89.110.
(b) The unmanned aircraft system is a limited remote identification
unmanned aircraft system and that person complies with the requirements
of Sec. 89.115.
(c) The unmanned aircraft system does not have remote
identification equipment and that person complies with the requirements
of Sec. 89.120.

Sec. 89.110 Standard remote identification unmanned aircraft systems.

A person operating a standard remote identification unmanned
aircraft system is responsible for complying with this section.
(a) Remote identification. Unless otherwise authorized by the
Administrator, a person may operate a standard remote identification
unmanned aircraft system only if the unmanned aircraft system sends the
remote identification message elements of Sec. 89.305, from takeoff to
landing, in one of the following ways:
(1) If the internet is available at takeoff, a standard remote
identification unmanned aircraft system must:
(i) Connect to the internet and transmit the message elements
through that internet connection to a Remote ID USS; and
(ii) Broadcast the message elements directly from the unmanned
aircraft.
(2) If the internet is unavailable at takeoff, or if during the
flight, the unmanned aircraft system can no longer transmit through an
internet connection to a Remote ID USS, the standard remote
identification unmanned aircraft system must broadcast the message
elements directly from the unmanned aircraft.
(b) In-flight loss of broadcast capability. Unless otherwise
authorized by the Administrator, the person manipulating the flight
controls of the aircraft must land as soon as practicable if a standard
remote identification unmanned aircraft system can no longer broadcast
the message elements of Sec. 89.305.
(c) Operation of standard remote identification unmanned aircraft
systems. Unless otherwise authorized by the Administrator, a person may
operate a standard remote identification unmanned aircraft system only
if it meets the following requirements:
(1) Its serial number is listed on an FAA-accepted declaration of
compliance.
(2) Its remote identification equipment is functional and complies
with the requirements of this part from takeoff to landing.
(3) Its remote identification equipment and functionality have not
been disabled.

Sec. 89.115 Limited remote identification unmanned aircraft systems.

A person operating a limited remote identification unmanned
aircraft system is responsible for complying with this section.
(a) Remote identification. Unless otherwise authorized by the
Administrator, a person may operate a limited remote identification
unmanned aircraft system only if, from takeoff to landing:
(1) The unmanned aircraft system connects to the internet and
transmits the remote identification message elements of Sec. 89.315
through that internet connection to a Remote ID USS.
(2) The unmanned aircraft system is operated within visual line of
sight.
(b) In-flight loss of remote identification. Unless otherwise
authorized by the Administrator, the person manipulating the flight
controls of the unmanned aircraft must land as soon as practicable if a
limited remote identification unmanned aircraft system in-flight can no
longer transmit the message elements of Sec. 89.315 to a Remote ID
USS.
(c) Operation of limited remote identification unmanned aircraft
systems. Unless otherwise authorized by the Administrator, a person may
operate a limited remote identification unmanned aircraft system only
if it meets the following requirements:
(1) Its serial number is listed on an FAA-accepted declaration of
compliance.
(2) Its remote identification equipment is functional and complies
with the requirements of this part from takeoff to landing.

[[Page 72518]]

(3) Its remote identification equipment and functionality have not
been disabled.

Sec. 89.120 Unmanned aircraft systems without remote identification.

A person may operate an unmanned aircraft system that does not meet
the requirements for a standard remote identification unmanned aircraft
system under Sec. 89.110 or a limited remote identification unmanned
aircraft system under Sec. 89.115 only if the requirements of (a) or
(b) are met.
(a) Operations at FAA-recognized identification areas. Unless
otherwise authorized by the administrator:
(1) The unmanned aircraft system is operated within visual line of
sight.
(2) The unmanned aircraft system is operated within an FAA-
recognized identification area.
(b) Operations for aeronautical research. The person is authorized
by the administrator to operate the unmanned aircraft system without
remote identification for the purpose of aeronautical research or to
show compliance with regulations.

Sec. 89.125 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
prohibition.

Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment
required under subpart C of part 91 of this chapter may not be used to
comply with the remote identification requirements of this part.

Sec. 89.130 Confirmation of identification.

(a) Notification requirement. No person may operate a foreign
registered civil unmanned aircraft in the United States unless, prior
to the operation, the person submits a notice of identification in a
form and manner acceptable to the Administrator. The notice of
identification must include:
(1) The name of the operator and, for an operator other than an
individual, the name of the authorized representative providing the
notification.
(2) The physical address of the operator and, for an operator other
than an individual, the physical address for the authorized
representative. If the operator or authorized representative does not
receive mail at the physical address, a mailing address must also be
provided.
(3) The physical address of the operator in the United States.
(4) The telephone number(s) where the operator can be reached while
in the United States.
(5) The email address of the operator or, for an operator other
than an individual, the email address of the authorized representative.
(6) The aircraft manufacturer and model name.
(7) The serial number of the aircraft.
(8) The country of registration of the aircraft.
(9) The registration number of the aircraft.
(b) Issuance of a Confirmation of Identification.
(1) The FAA will issue a Confirmation of Identification upon
completion of the notification requirements provided in paragraph (a)
of this section.
(2) The filing of a notification under paragraph (a) of this
section and the Confirmation of Identification issued under paragraph
(b)(1) of this section do not have the effect of U.S. aircraft
registration.
(c) Proof of notification. No person may operate a foreign
registered civil unmanned aircraft in the United States unless the
person obtains a Confirmation of Identification under paragraph (b)(1)
of this section, maintains such Confirmation of Identification at the
unmanned aircraft system's control station, and produces the
Confirmation of Identification when requested by the FAA or a law
enforcement officer.
(d) Requirement to maintain current information. The holder of a
Confirmation of Identification must ensure that the information
provided under Sec. 89.130(a) remains accurate and must update the
information prior to operating a foreign registered civil unmanned
aircraft system in the United States.

Sec. 89.135 Record retention.

The Administrator shall require any Remote ID USS to retain any
remote identification message elements listed in Sec. 89.305 or Sec.
89.315 obtained in the course of offering services to persons operating
under this subpart for 6 months from the date when the remote
identification message elements are received or otherwise come into the
possession of the Remote ID USS.

Subpart C--FAA-Recognized Identification Areas

Sec. 89.201 Applicability.

This subpart prescribes procedural requirements to establish an
FAA-recognized identification area.

Sec. 89.205 Eligibility.

Only a community based organization recognized by the Administrator
may apply for the establishment of an FAA-recognized identification
area under this subpart.

Sec. 89.210 Requests for establishment of an FAA-recognized
identification area.

(a) Application. A community based organization requesting the
establishment of an FAA-recognized identification area under this
subpart must submit an application in a form and manner acceptable to
the Administrator within 12 calendar months from [EFFECTIVE DATE OF
FINAL RULE].
(b) Required documentation. A request under this subpart must
contain the following information:
(1) The name of the community based organization making the
request.
(2) A declaration that the person making the request has the
authority to act on behalf of the community based organization.
(3) The name and contact information, including telephone
number(s), of the primary point of contact for communications with the
FAA.
(4) The physical address of the proposed FAA-recognized
identification area.
(5) The latitude and longitude coordinates delineating the
geographic boundaries of the proposed FAA-recognized identification
area.
(6) If applicable, a copy of any existing letter of agreement
regarding the flying site.

Sec. 89.215 Approval of FAA-recognized identification areas.

The Administrator will assess applications for FAA-recognized
identification areas and may require additional information or
documentation, as needed, to supplement an application. The
Administrator will approve or deny an application, and may take into
consideration matters such as, but not limited to:
(a) The effects on existing or contemplated airspace capacity.
(b) The effect on critical infrastructure, existing or proposed
manmade objects, natural objects, or the existing use of the land,
within or close to the proposed FAA-recognized identification area.
(c) The safe and efficient use of airspace by other aircraft.
(d) The safety and security of persons or property on the ground.

Sec. 89.220 Amendment.

(a) From the time of application until expiration or termination of
an FAA-recognized identification area, any change to the information
submitted in the application including but not limited to a change to
the point of contact for the FAA-recognized identification area or a
change to the

[[Page 72519]]

community based organization's affiliation with the FAA-recognized
identification area must be submitted to the FAA within 10 calendar
days of the change.
(b) If the community based organization wishes to change the
geographic boundaries of the FAA-recognized identification area, the
organization must submit the request to the FAA for review. The
geographic boundaries of the FAA-recognized identification area will
not change until they have been approved or denied in accordance with
Sec. 89.215.
(c) The establishment of an FAA-recognized identification area is
subject to ongoing review by the Administrator. All changes to the
information submitted in the application may be reviewed in accordance
with Sec. 89.215 and may result in the termination of the FAA-
recognized identification area pursuant to Sec. 89.230.

Sec. 89.225 Duration of an FAA-recognized identification area.

(a) Duration. An FAA-recognized identification area will be in
effect for 48 calendar months after the date the FAA approves the
request for establishment of an FAA-recognized identification area.
(b) Renewal. A person wishing to renew an FAA-recognized
identification area must submit a request for renewal no later than 120
days prior to the expiration of the FAA-recognized identification area
in a form and manner acceptable to the Administrator. The Administrator
may deny requests submitted after that deadline or requests submitted
after the expiration.

Sec. 89.230 Expiration and termination.

(a) Expiration. Unless renewed, an FAA-recognized identification
area issued under this subpart will be automatically cancelled and will
have no further force or effect as of the day immediately after its
expiration date.
(b) Termination prior to expiration--(1) Termination by request. A
community based organization may submit a request to the Administrator
to terminate an FAA-recognized identification area issued under this
subpart. Once an FAA-recognized identification area is terminated, that
community based organization may not reapply to have that flying site
reestablished as an FAA-recognized identification area, and neither may
any other person apply to have that site reestablished as an FAA-
recognized identification area.
(2) Termination by FAA. The FAA may terminate an FAA-recognized
identification area for cause or upon a finding that the FAA-recognized
identification area may pose a risk to aviation safety, public safety,
or national security, a finding that the FAA-recognized identification
area is no longer associated with a community based organization
recognized by the Administrator, or a finding that the person who
submitted a request for establishment of an FAA-recognized
identification area provided false or misleading information during the
submission, amendment, or renewal process. The Administrator will
notify the primary point of contact of the decision to terminate the
FAA-recognized identification area and the reasons for the termination.
Except as provided in paragraph (c) of this section, once an FAA-
recognized identification area is terminated, a community based
organization may not apply to have that flying site established as an
FAA-recognized identification area.
(c) Petition to reconsider the FAA's decision to terminate an FAA-
recognized identification area. Within 30 calendar days of a
termination under this section, the Administrator may be petitioned to
reconsider the decision. That petition must state the reasons
justifying the reconsideration and include any supporting
documentation. Upon consideration of the information submitted by the
petitioner, the Administrator will notify the petitioner of the
decision.
(d) Inapplicability of part 13, subpart D, of this chapter. Part
13, subpart D, of this chapter does not apply to the procedures of
paragraphs (b) and (c) of this section.

Subpart D--Requirements for Unmanned Aircraft Systems With Remote
Identification

Sec. 89.301 Applicability.

This subpart prescribes the minimum message element set and minimum
performance requirements for standard remote identification unmanned
aircraft systems and limited remote identification unmanned aircraft
systems.

Sec. 89.305 Minimum message elements broadcast and transmitted by
standard remote identification unmanned aircraft systems.

A standard remote identification unmanned aircraft system must
transmit the following remote identification message elements through
an internet connection to a Remote ID USS and must broadcast the
following remote identification message elements:
(a) The identity of the unmanned aircraft system consisting of:
(1) A serial number assigned to the unmanned aircraft by the person
responsible for the production of the standard remote identification
unmanned aircraft system; or
(2) A session ID assigned by a Remote ID USS.
(b) An indication of the latitude and longitude of the control
station.
(c) An indication of the barometric pressure altitude of the
control station.
(d) An indication of the latitude and longitude of the unmanned
aircraft.
(e) An indication of the barometric pressure altitude of the
unmanned aircraft.
(f) A time mark identifying the Coordinated Universal Time (UTC)
time of applicability of a position source output.
(g) An indication of the emergency status of the unmanned aircraft
system.

Sec. 89.310 Minimum performance requirements for standard remote
identification unmanned aircraft systems.

A standard remote identification unmanned aircraft system must meet
the following minimum performance requirements:
(a) Control station location. The location of the control station
of the unmanned aircraft system must be generated and encoded into the
message elements and must correspond to the location of the person
manipulating the flight controls of the unmanned aircraft system.
(b) Automatic Remote ID USS connection. From takeoff to landing,
the unmanned aircraft system must automatically maintain a connection
to the internet and transmit the message elements through that internet
connection to a Remote ID USS when the internet is available.
(c) Time mark. The time mark message element must be synchronized
with all other remote identification message elements.
(d) Self-Testing and monitoring. (1) When the unmanned aircraft
system is powered on, it must automatically test the remote
identification functionality and notify the person manipulating the
flight controls of the unmanned aircraft system of the result of the
test.
(2) The unmanned aircraft must not be able to take off if the
remote identification equipment is not functional.
(3) The unmanned aircraft system must continuously monitor the
remote identification functionality from takeoff to landing and must
provide notification of malfunction or failure to the person
manipulating the flight controls of the unmanned aircraft system.
(e) Tamper resistance. The unmanned aircraft system must be
designed and

[[Page 72520]]

produced in a way that reduces the ability of a person to tamper with
the remote identification functionality.
(f) Connectivity. (1) If the internet is available at takeoff, the
unmanned aircraft must not be able to take off unless it is:
(i) Connected to the internet and transmitting the message elements
in Sec. 89.305 through that internet connection to a Remote ID USS;
and
(ii) Broadcasting the message elements in Sec. 89.305 directly
from the unmanned aircraft.
(2) If the internet is unavailable at takeoff, the unmanned
aircraft must not be able to take off unless it is broadcasting the
message elements in Sec. 89.305.
(3) The unmanned aircraft system must continuously monitor its
connection to the internet and the unmanned aircraft system's
transmission of the remote identification message elements through that
internet connection to a Remote ID USS. If the connection to the
internet is lost or the unmanned aircraft system is no longer
transmitting the remote identification message elements to a Remote ID
USS, the unmanned aircraft system must notify the person manipulating
the flight controls of the unmanned aircraft system.
(g) Error correction. The remote identification equipment must
incorporate error correction in the transmission or broadcast of the
message elements in Sec. 89.305.
(h) Interference considerations. The remote identification
equipment must not interfere with other systems or equipment installed
on the unmanned aircraft system, and other systems or equipment
installed on the unmanned aircraft system must not interfere with the
remote identification equipment.
(i) Message transmission. (1) The unmanned aircraft system must be
capable of transmitting the message elements for standard remote
identification unmanned aircraft systems in Sec. 89.305 through an
internet connection to a Remote ID USS.
(2) The unmanned aircraft must be capable of broadcasting the
message elements in Sec. 89.305 using a non-proprietary broadcast
specification and using radio frequency spectrum in accordance with
part 15 of title 47, Code of Federal Regulations, where operations may
occur without an FCC individual license that is compatible with
personal wireless devices. Any broadcasting device used to meet the
requirements of this section must be integrated into the unmanned
aircraft without modification to its authorized radio frequency
parameters and designed to maximize the range at which the broadcast
can be received, while complying with 47 CFR part 15 and any other laws
in effect as of the date the declaration of compliance is submitted to
the FAA for acceptance.
(j) Message elements performance requirements. (1) The message
elements in Sec. 89.305 transmitted through an internet connection to
a Remote ID USS from the unmanned aircraft system and broadcast from
the unmanned aircraft must be identical.
(2) The reported position of the unmanned aircraft and the control
station must be accurate to within 100 feet of the true position, with
95 percent probability.
(3) The reported barometric pressure altitude of the unmanned
aircraft and control station must be accurate to within 20 feet of the
true barometric pressure altitude for pressure altitudes ranging from 0
to 10,000 feet.
(4) The unmanned aircraft system must transmit through an internet
connection to a Remote ID USS and broadcast the latitude, longitude,
and barometric pressure altitude of the unmanned aircraft and its
control station no later than 1.0 second from the time of measurement
to the time of transmission and broadcast.
(5) The unmanned aircraft system must transmit through an internet
connection to a Remote ID USS and broadcast the message elements at a
rate of at least 1 message per second.
(k) Cybersecurity. The unmanned aircraft system must incorporate
cybersecurity protections for the transmission and broadcast of the
message elements in Sec. 89.305.

Sec. 89.315 Minimum message elements transmitted by limited remote
identification unmanned aircraft systems.

A limited remote identification unmanned aircraft system must
transmit the following remote identification message elements through
an internet connection to a Remote ID USS:
(a) The identity of the unmanned aircraft system consisting of:
(1) A serial number assigned to the unmanned aircraft by the person
responsible for the production of the limited remote identification
unmanned aircraft system; or
(2) A session ID assigned by a Remote ID USS.
(b) An indication of the latitude and longitude of the control
station.
(c) An indication of the barometric pressure altitude of the
control station.
(d) A time mark identifying the Coordinated Universal Time (UTC)
time of applicability of a position source output.
(e) An indication of the emergency status of the unmanned aircraft
system.

Sec. 89.320 Minimum performance requirements for limited remote
identification unmanned aircraft systems.

A limited remote identification unmanned aircraft system must meet
the following minimum performance requirements:
(a) Control station location. The location of the control station
of the unmanned aircraft system must be generated and encoded into the
message elements and must correspond to the location of the person
manipulating the flight controls of the unmanned aircraft system.
(b) Automatic Remote ID USS connection. From takeoff to landing,
the unmanned aircraft system must automatically maintain a connection
to the internet, when available, and must transmit the appropriate
message elements through that internet connection to a Remote ID USS.
(c) Time mark. The time mark message element must be synchronized
with all other remote identification message elements.
(d) Self-Testing and monitoring. (1) When the unmanned aircraft
system is powered on, it must automatically test the remote
identification functionality and notify the person manipulating the
flight controls of the unmanned aircraft system of the result of the
test.
(2) The unmanned aircraft must not be able to take off if the
remote identification equipment is not functional.
(3) The unmanned aircraft system must continuously monitor the
remote identification functionality from takeoff to landing and must
provide notification of malfunction or failure to the person
manipulating the flight controls of the unmanned aircraft system.
(e) Tamper resistance. The unmanned aircraft system must be
designed and produced in a way that reduces the ability of a person to
tamper with the remote identification functionality.
(f) Connectivity. (1) The unmanned aircraft must not be able to
take off unless it is connected to the internet and transmitting the
message elements in Sec. 89.315 through that internet connection to a
Remote ID USS.
(2) The unmanned aircraft system must continuously monitor its
connection to the internet and the unmanned aircraft system's
transmission of the remote identification message elements through that
internet connection to a Remote ID USS. If the connection to the
internet is lost or the unmanned aircraft system is no longer
transmitting the remote

[[Page 72521]]

identification message elements to a Remote ID USS, the unmanned
aircraft system must notify the person manipulating the flight controls
of the unmanned aircraft system.
(g) Error correction. The remote identification equipment must
incorporate error correction in the transmission of the message
elements in Sec. 89.315.
(h) Interference considerations. The remote identification
equipment must not interfere with other systems or equipment installed
on the unmanned aircraft system, and other systems or equipment
installed on the unmanned aircraft system must not interfere with the
remote identification equipment.
(i) Message transmission. The unmanned aircraft system must be
capable of transmitting the message elements for limited remote
identification unmanned aircraft systems in Sec. 89.315 through an
internet connection to a Remote ID USS.
(j) Message elements performance requirements. (1) The reported
position of the control station must be accurate to within 100 feet of
the true position, with 95 percent probability.
(2) The reported barometric pressure altitude of the control
station must be accurate to within 20 feet of the true barometric
pressure altitude for pressure altitudes ranging from 0 to 10,000 feet.
(3) The unmanned aircraft system must transmit the latitude,
longitude, and barometric pressure altitude of the control station no
later than 1.0 second from the time of measurement to the time of
transmission.
(4) The unmanned aircraft system must transmit the message elements
at a rate of at least 1 message per second.
(k) Cybersecurity. The unmanned aircraft system must incorporate
cybersecurity protections for the transmission of the message elements
in Sec. 89.315.
(l) Range limitation. The unmanned aircraft must be designed to
operate no more than 400 feet from its control station.
(m) Broadcast limitation. The unmanned aircraft cannot broadcast
any of the remote identification message elements identified in Sec.
89.305 or Sec. 89.315.

Subpart E--Means of Compliance

Sec. 89.401 Applicability.

This subpart prescribes--
(a) Requirements for means of compliance.
(b) Procedural requirements for the submission and acceptance of
means of compliance used in the design and production of standard
remote identification unmanned aircraft systems or limited remote
identification unmanned aircraft systems to ensure such unmanned
aircraft systems meet the minimum performance requirements of this
part.
(c) Rules governing persons submitting means of compliance for FAA
acceptance.

Sec. 89.405 Submission of a means of compliance for FAA acceptance.

(a) Eligibility. Any person may submit a means of compliance for
acceptance by the FAA.
(b) Required information. A person requesting acceptance of a means
of compliance must submit the following information to the FAA in a
form and manner acceptable to the Administrator:
(1) The name of the person or entity submitting the means of
compliance, the name of the main point of contact for communications
with the FAA, the physical address, email address, and other contact
information.
(2) A detailed description of the means of compliance.
(3) An explanation of how the means of compliance addresses all of
the minimum performance requirements established in subpart D of this
part so that any standard remote identification unmanned aircraft
system or limited remote identification unmanned aircraft system
designed and produced in accordance with such means of compliance meets
the remote identification requirements of this part.
(4) Any substantiating material the person wishes the FAA to
consider as part of the request.
(c) Testing and validation. A means of compliance submitted for
acceptance by the FAA must include testing and validation procedures
for persons responsible for the production of standard remote
identification unmanned aircraft systems or limited remote
identification unmanned aircraft systems to demonstrate through
analysis, ground test, or flight test, as appropriate, how the standard
remote identification unmanned aircraft system or the limited remote
identification unmanned aircraft system performs its intended functions
and meets the requirements in subpart D of this part, including any FAA
performance requirements for radio station operation.

Sec. 89.410 Acceptance of a means of compliance.

(a) A person requesting acceptance of a means of compliance must
demonstrate to the Administrator that the means of compliance addresses
all of the requirements of subparts D and E of this part, and that any
standard remote identification unmanned aircraft system or limited
remote identification unmanned aircraft system designed and produced in
accordance with such means of compliance would meet the performance
requirements of subpart D of this part.
(b) The Administrator will evaluate a means of compliance that is
submitted to the FAA and may request additional information or
documentation, as needed, to supplement the means of compliance.
(c) If the Administrator determines the person has demonstrated
that the means of compliance meets the requirements of subparts D and
E, the FAA will notify the person that the Administrator has accepted
the means of compliance. If the Administrator determines the person has
not provided sufficient evidence to demonstrate that the means of
compliance meets the requirements of subpart D or E, the FAA will
notify the person that the Administrator has not accepted the means of
compliance.

Sec. 89.415 Rescission.

(a) Rescission of an FAA-accepted means of compliance. (1) A means
of compliance is subject to ongoing review by the Administrator. The
Administrator may rescind its acceptance of a means of compliance if
the Administrator determines that a means of compliance does not meet
any or all of the requirements of subpart D or E of this part.
(2) The Administrator will publish a notice of rescission in the
Federal Register.
(b) Inapplicability of part 13, subpart D, of this chapter. Part
13, subpart D, of this chapter does not apply to the procedures of
paragraph (a) of this section.

Sec. 89.420 Record retention.

A person who submits a means of compliance that is accepted by the
Administrator under this subpart must retain the following information
for as long as the means of compliance is accepted plus an additional
24 calendar months, and must make available for inspection by the
Administrator the following:
(a) All documentation and substantiating data submitted to the FAA
for acceptance of the means of compliance.
(b) Records of all test procedures, methodology, and other
procedures, as applicable.
(c) Any other information necessary to justify and substantiate how
the means of compliance enables compliance with

[[Page 72522]]

the remote identification requirements of this part.

Subpart F--Design and Production of Unmanned Aircraft Systems With
Remote Identification

Sec. 89.501 Applicability.

(a) This subpart prescribes--
(1) Requirements for the design and production of unmanned aircraft
systems operated in the United States.
(2) Procedural requirements for the submission, acceptance, and
rescission of declarations of compliance.
(3) Rules governing persons submitting declarations of compliance
for FAA acceptance under this part.
(b) Except as provided in paragraph (c) of this section, this
subpart applies to the design and production of unmanned aircraft
systems operated in the United States.
(c) Unless the unmanned aircraft system is a standard remote
identification unmanned aircraft system or a limited remote
identification unmanned aircraft system, this subpart does not apply to
the design or production of:
(1) Amateur-built unmanned aircraft systems.
(2) Unmanned aircraft systems of the United States Government.
(3) Unmanned aircraft systems where the unmanned aircraft weighs
less than 0.55 pounds including the weight of anything attached to or
carried by the aircraft.
(4) Unmanned aircraft systems designed or produced exclusively for
the purpose of aeronautical research or to show compliance with
regulations.

Sec. 89.505 Serial numbers.

Serial number required. No person may produce a standard remote
identification unmanned aircraft system or a limited remote
identification unmanned aircraft system unless the unmanned aircraft is
issued a serial number that complies with ANSI/CTA-2063-A. ANSI/CTA-
2063-A, Small Unmanned Aerial Systems Serial Numbers (September 2019)
is incorporated by reference into this section with the approval of the
Director of the Office of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved material is available for inspection at
the FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue SW,
Washington, DC 20590 (telephone 202-267-9677) and is available from
Consumer Technology Association, 1919 South Eads Street, Arlington, VA
22202 or at https://www.cta.tech. It is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

Sec. 89.510 Production requirements.

(a) General production requirements. After [DATE 24 MONTHS AFTER
THE EFFECTIVE DATE OF THE FINAL RULE], no person may produce an
unmanned aircraft system unless:
(1) The unmanned aircraft system is designed and produced to meet
the minimum performance requirements for standard remote identification
unmanned aircraft systems established in Sec. 89.310 or for limited
remote identification unmanned aircraft systems established in Sec.
89.320 and in accordance with an FAA-accepted means of compliance.
(2) The unmanned aircraft system meets the requirements of this
subpart.
(3) The FAA has accepted a declaration of compliance for that
unmanned aircraft system.
(b) Inspection, audit, and notification requirements. A person
responsible for the production of standard remote identification
unmanned aircraft systems or limited remote identification unmanned
aircraft systems must:
(1) Upon request, allow the Administrator to inspect its
facilities, technical data, and any standard remote identification
unmanned aircraft system or limited remote identification unmanned
aircraft system the person produces, and to witness any tests necessary
to determine compliance with this subpart.
(2) Perform independent audits on a recurring basis, and whenever
the FAA provides notice of noncompliance or of potential noncompliance,
to demonstrate the unmanned aircraft systems listed under a declaration
of compliance meet the requirements of this subpart. The person
responsible for the production of standard remote identification
unmanned aircraft systems or limited remote identification unmanned
aircraft systems must provide the results of all such audits to the FAA
upon request.
(3) Maintain product support and notification procedures to notify
the public and the FAA of any defect or condition that causes an
unmanned aircraft system to no longer meet the requirements of this
subpart, within 15 calendar days of the date the person becomes aware
of the defect or condition.

Sec. 89.515 Labeling.

No person may produce a standard remote identification unmanned
aircraft system or a limited remote identification unmanned aircraft
system unless it displays a label indicating that the unmanned aircraft
system meets the remote identification requirements of this part and
indicating whether the unmanned aircraft system is a standard remote
identification unmanned aircraft system or a limited remote
identification unmanned aircraft system. The label must be in English
and be legible, prominent, and permanently affixed to the unmanned
aircraft.

Sec. 89.520 Submission of a declaration of compliance for FAA
acceptance.

(a) Eligibility. A person responsible for the production of
standard remote identification unmanned aircraft systems or limited
remote identification unmanned aircraft systems must submit a
declaration of compliance for acceptance by the FAA.
(b) Required information. The person responsible for the production
of a standard remote identification unmanned aircraft system or a
limited remote identification unmanned aircraft system requesting
acceptance of a declaration of compliance must declare that the
unmanned aircraft system complies with the requirements of this subpart
by submitting a declaration of compliance to the FAA in a form and
manner acceptable to the Administrator. The declaration must include at
a minimum the following information:
(1) The name, physical address, telephone number, and email address
of the person responsible for production of the unmanned aircraft
system.
(2) The unmanned aircraft system's make and model.
(3) The unmanned aircraft's serial number, or the range of serial
numbers for which the person responsible for production is declaring
compliance.
(4) The means of compliance used in the design and production of
the unmanned aircraft system and whether the unmanned aircraft system
is a standard remote identification unmanned aircraft system or a
limited remote identification unmanned aircraft system.
(5) Whether the declaration of compliance is an initial declaration
or an amended declaration, and if the declaration of compliance is an
amended declaration, the reason for the amendment.
(6) A declaration that the person responsible for the production of
the unmanned aircraft system:

[[Page 72523]]

(i) Can demonstrate that the unmanned aircraft system was designed
and produced to meet the minimum performance requirements of Sec.
89.310 or Sec. 89.320 by using an FAA-accepted means of compliance.
(ii) Complies with the requirements of Sec. 89.510(b).
(7) Statement that 47 CFR-compliant radio frequency equipment is
used and is integrated into the unmanned aircraft system without
modification to its authorized radio frequency parameters.

Sec. 89.525 Acceptance of a declaration of compliance.

(a) The Administrator will evaluate a declaration of compliance
that is submitted to the FAA and may request additional information or
documentation, as needed, to supplement the declaration of compliance.
(b) If the Administrator determines that the submitter has
demonstrated compliance with the requirements of this subpart, the FAA
will notify the submitter that the Administrator has accepted the
declaration of compliance. If the Administrator determines the
submitter has not demonstrated compliance, the FAA will notify the
submitter that the Administrator has not accepted the declaration of
compliance.

Sec. 89.530 Rescission and reconsideration.

(a) Rescission of the FAA's acceptance of a declaration of
compliance. (1) A declaration of compliance is subject to ongoing
review by the Administrator. The Administrator may rescind acceptance
of a declaration of compliance under circumstances including but not
limited to the following:
(i) A standard remote identification unmanned aircraft system or a
limited remote identification unmanned aircraft system listed under an
accepted declaration of compliance does not meet the minimum
performance requirements of Sec. 89.310 or Sec. 89.320.
(ii) A previously FAA-accepted declaration of compliance does not
meet any of the requirements of this subpart.
(iii) The FAA rescinds acceptance of the means of compliance listed
in an FAA-accepted declaration of compliance.
(2) The Administrator will notify the person who submitted the FAA-
accepted declaration of compliance of any issue of noncompliance.
(3) If the Administrator determines that it is in the public
interest, prior to rescinding acceptance of a declaration of
compliance, the Administrator may provide a reasonable period of time
for the person who submitted the declaration of compliance to remediate
the noncompliance. A failure to remediate the noncompliance constitutes
cause for rescission of the FAA's acceptance of the declaration of
compliance.
(4) The Administrator will notify the person who submitted the
declaration of compliance of the decision to rescind acceptance of the
declaration of compliance by publishing a notice of rescission in the
Federal Register.
(b) Petition to reconsider the FAA's decision to rescind acceptance
of a declaration of compliance. (1) The person who submitted the FAA-
accepted declaration of compliance or any person adversely affected by
the rescission of the Administrator's acceptance of a declaration of
compliance may petition for a reconsideration of the decision by
submitting a request to the FAA in a form and manner acceptable to the
Administrator within 60 calendar days of the date of publication in the
Federal Register of notification of rescission.
(2) A petition to reconsider the rescission of the Administrator's
acceptance of a declaration of compliance must show that the petitioner
is an interested party and has been adversely affected by the decision
of the FAA. The petition must also demonstrate at least one of the
following:
(i) The petitioner has a significant additional fact not previously
presented to the FAA.
(ii) The Administrator made a material error of fact in the
decision to rescind acceptance of the declaration of compliance.
(iii) The Administrator did not correctly interpret a law,
regulation, or precedent.
(3) Upon consideration of the information submitted by the
petitioner, the Administrator will notify the petitioner and the person
who submitted the declaration of compliance (if different) of the
decision to reinstate or to not reinstate the Administrator's
acceptance of the declaration of compliance.
(c) Inapplicability of part 13, subpart D, of this chapter. Part
13, subpart D, of this chapter does not apply to the procedures of
paragraphs (a) and (b) of this section.

Sec. 89.535 Record retention.

A person who submits a declaration of compliance under this subpart
that is accepted by the Administrator must retain the following
information for as long as the UAS listed on that declaration of
compliance are produced plus an additional 24 calendar months, and must
make available for inspection by the Administrator the following:
(a) The means of compliance, all documentation, and substantiating
data related to the means of compliance used.
(b) Records of all test results.
(c) Any other information necessary to demonstrate compliance with
the means of compliance so that the unmanned aircraft system meets the
remote identification requirements and the design and production
requirements of this part.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
15. The authority citation for part 91 continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190,130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
16. Amend Sec. 91.215 by revising paragraphs (b) introductory text and
(c) and adding paragraph (e) to read as follows:

Sec. 91.215 ATC transponder and altitude reporting equipment and use.

* * * * *
(b) All airspace. Unless otherwise authorized or directed by ATC,
and except as provided in paragraph (e)(1) of this section, no person
may operate an aircraft in the airspace described in paragraphs (b)(1)
through (5) of this section, unless that aircraft is equipped with an
operable coded radar beacon transponder having either Mode 3/A 4096
code capability, replying to Mode 3/A interrogations with the code
specified by ATC, or a Mode S capability, replying to Mode 3/A
interrogations with the code specified by ATC and intermode and Mode S
interrogations in accordance with the applicable provisions specified
in TSO C-112, and that aircraft is equipped with automatic pressure
altitude reporting equipment having a Mode C capability that
automatically replies to Mode C interrogations by transmitting pressure
altitude information in 100-foot increments. This requirement applies--
* * * * *
(c) Transponder-on operation. Except as provided in paragraph
(e)(2) of this section, while in the airspace as specified in paragraph
(b) of this section or in all controlled airspace, each person
operating an aircraft equipped

[[Page 72524]]

with an operable ATC transponder maintained in accordance with Sec.
91.413 of this part shall operate the transponder, including Mode C
equipment if installed, and shall reply on the appropriate code or as
assigned by ATC, unless otherwise directed by ATC when transmitting
would jeopardize the safe execution of air traffic control functions.
* * * * *
(e) Unmanned aircraft systems. (1) The requirements of paragraph
(b) of this section do not apply to a person operating an unmanned
aircraft system under this part unless the operation is conducted under
a flight plan and the person operating the unmanned aircraft system
maintains two-way radio communication with ATC.
(2) No person may operate an unmanned aircraft system under this
part with a transponder on unless:
(i) The operation is conducted under a flight plan and the person
operating the unmanned aircraft system maintains two-way radio
communication with ATC; or
(ii) The use of a transponder is otherwise authorized by the
Administrator.
0
17. Amend Sec. 91.225 by revising paragraphs (a) introductory text,
(b) introductory text, (d) introductory text, and (f) introductory text
and adding paragraph (i) to read as follows:

Sec. 91.225 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment and use.

(a) After January 1, 2020, except as provided in paragraph (i) of
this section or unless otherwise authorized by ATC, no person may
operate an aircraft in Class A airspace unless the aircraft has
equipment installed that--
* * * * *
(b) After January 1, 2020, except as provided in paragraph (i) of
this section or unless otherwise authorized by ATC, no person may
operate an aircraft below 18,000 feet MSL and in airspace described in
paragraph (d) of this section unless the aircraft has equipment
installed that--
* * * * *
(d) After January 1, 2020, except as provided in paragraph (i) of
this section or unless otherwise authorized by ATC, no person may
operate an aircraft in the following airspace unless the aircraft has
equipment installed that meets the requirements in paragraph (b) of
this section:
* * * * *
(f) Except as provided in paragraph (i) of this section, each
person operating an aircraft equipped with ADS-B Out must operate this
equipment in the transmit mode at all times unless--
* * * * *
(i) For unmanned aircraft systems:
(1) The requirements of paragraph (b) of this section do not apply
to a person operating an unmanned aircraft system under this part
unless the operation is conducted under a flight plan and the person
operating the unmanned aircraft system maintains two-way radio
communication with ATC.
(2) No person may operate an unmanned aircraft system under this
part with Automatic Dependent Surveillance-Broadcast Out equipment in
transmit mode unless:
(i) The operation is conducted under a flight plan and the person
operating the unmanned aircraft system maintains two-way radio
communication with ATC; or
(ii) The use of ADS-B Out is otherwise authorized by the
Administrator.

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

0
18. The authority citation for part 107 is revised to read as follows:

Authority: 49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5),
44807.

Sec. 107.53 [Redesignated as Sec. 107.56]

0
19. Redesignate Sec. 107.53 as Sec. 107.56.
0
20. Add Sec. Sec. 107.52 and new 107.53 to subpart B to read as
follows:

Sec. 107.52 ATC transponder equipment prohibition.

Unless otherwise authorized by the Administrator, no person may
operate a small unmanned aircraft system under this part with a
transponder on.

Sec. 107.53 ADS-B Out Prohibition

Unless otherwise authorized by the Administrator, no person may
operate a small unmanned aircraft system under this part with Automatic
Dependent Surveillance-Broadcast (ADS-B) Out equipment in transmit
mode.

Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), 40101, 40103, 44701(a)(5), 44805, 44809, and section 2202 of
Pub. L. 114-190, on December 20, 2019.
Steve Dickson,
Administrator.
[FR Doc. 2019-28100 Filed 12-26-19; 11:15 am]
BILLING CODE 4910-13-P